In Ohio, doctors must obtain informed consent from patients before they perform treatment, including surgery. Without that consent, a number of claims can be presented such as negligence, battery, and a direct claim for a lack of informed consent.
Contact Tittle & Perlmuter today if you are a patient with questions. Few patients are sure that they have been a victim of medical malpractice. We can review whether your doctor provided enough information so that your consent was informed. Based on what we find, we might recommend filing a lawsuit. Contact us to speak with a medical malpractice lawyer.
What is Informed Consent?
Patients consent to their medical provider when they give permission to a doctor for treatment.
This consent is “informed” when a doctor provides certain information so you can make a thoughtful choice.
ORC § 2317.54 lays out the law on informed consent in our state. It should be in writing and signed by the patient. The consent form should, at least, contain the following (other scenarios require additional information):
- Set forth the general nature and purpose of the medical procedure, including what it seeks to accomplish;
- Identify the names of the physicians who will perform it;
- Include all reasonably known risks of the procedure.
The consent form should manifest the patient’s acknowledgment that they have received satisfactory answers to their questions. The patient should also sign the form.
You will be given a form to read and sign. The doctor should also tell you to ask any questions that you have. That’s how informed consent is supposed to work—in theory.
When Do You Have an Informed Consent Medical Malpractice Case?
Remember, the fact that you signed a form does not mean the consent was “informed” under the law. The doctor might wave the form around in defense and argue, “See, they consented.” However, the consent must satisfy the legal requirements found in the statute and within the standard of care.
For example, a doctor might have failed to include a discussion of the risks of the procedure. Every procedure carries some risk, and you should know about them so you can decide whether to go ahead. The doctor should disclose the significant risks that you might face.
In other situations, a doctor might not answer your questions or blow you off. True, you signed a form. The form might have described the major risks of the procedure. But you still had questions that you needed answered before your consent was informed. A doctor who rushes you out the door has also committed informed consent medical malpractice.
And, of course, if there is no signed form, then you have a strong case. The law doesn’t allow for oral informed consent
Informed Consent and Emergency Treatment
Suppose you are involved in a car crash and slip into a coma. Emergency personnel rush you to the hospital, where you undergo lifesaving surgery.
There was no consent in this case. Can you sue?
No. In emergency situations, doctors are not expected to explain a proposed course of treatment and explain risks. For one thing, you’re probably unconscious. Even if you are awake, you might not be able to process what a doctor is telling you.
Instead, the law allows a doctor to treat you in an emergency. Of course, they still must provide treatment in a competent manner. An emergency is no excuse for departing from the standard of care or being sloppy in how they perform surgery.
Fraud and Informed Consent
Even if you signed a form, you might have a lack of informed consent lawsuit when a medical professional used fraud to get you to sign.
For example, a doctor might have pioneered a novel medical treatment. He wants to use you as a guinea pig to see if the treatment works. To get you to consent, he lies and tells you the procedure is more established than it is. That type of fraud could render your consent inoperative.
Do You Have an Informed Consent Lawsuit?
Many patients have no idea if they gave informed consent. That’s okay. Few of us are doctors, so we have no idea if our physicians described the procedure accurately or disclosed known risks.
However, you might be suspicious of certain things:
- The doctor who talks to you after surgery is not the doctor you thought would perform the surgery;
- You are told surgery didn’t go as planned and the surgeon performed a procedure you didn’t expect;
- You never signed a consent form, or you didn’t have time to really read it;
- Your doctor did not answer your questions or you felt rushed out the door.
Reach out to our firm and share any suspicions or evidence you have. The consent form (if your doctor used one) is a good starting point. We can review what information is included and what was possibly left out.
Remember, a lack of informed consent is not the only type of medical malpractice. You might also have a case if your medical provider failed to make a timely diagnosis or administered medical treatment in a sloppy, incompetent manner.
Compensation for Informed Consent Medical Malpractice
Our firm can seek compensation for any malpractice, including a lack of informed consent. The amount you receive depends on a variety of factors. For example, did you suffer bodily injury along with the lack of informed consent? If so, you might receive more in damages.
Our firm has negotiated many settlements with doctors, hospitals, and their insurance companies. We know what constitutes a fair settlement.
When hospitals use fraud or deception, then we can seek even more compensation. Let us review.
It’s difficult to speak generally about “average” compensation because each case is unique.
Call us to Schedule a Time to Meet
Tittle & Perlmuter is proud to represent patients in Ohio as they seek justice from negligent medical providers. We have the experience needed to bring a successful case. Call us to schedule a free consultation.
