Informed Consent Error Attorneys in Columbus, OH

Name: Informed Consent Errors
Brand: Beausay & Nichols Law Firm
Rating: 5 (6 reviews)

At Beausay & Nichols Law Firm, we understand that medical procedures can turn into nightmares, especially when you or a loved one suffers in a healthcare setting. Informed consent in healthcare is key because it ensures patients are fully aware of the nature of treatment before agreeing to it. In fact, mounting research shows that patients who participate in their care planning exhibit better outcomes.

Protecting Patients’ Rights When Consent Is Ignored

On the other hand, when healthcare providers fail to obtain informed consent properly, it can lead to unexpected outcomes for patients. If you or someone you know has experienced harm due to an informed consent error, let our team of informed consent lawyers in Columbus, OH, help you pursue compensation. Contact us today to schedule a free case evaluation.

What is Informed Consent?

Many people associate informed consent with putting a signature on a form before undergoing a particular medical procedure. However, it is more than that, and it involves an engagement between the patient and healthcare provider regarding care planning. This communication seeks to inform the patient about their medical condition and the wide nature of the proposed treatments.

This includes understanding:

The scope of the proposed treatments
The risks and benefits involved
Alternative treatments available
Potential consequences of refusing treatment

Legal Implications

The Joint Commission (TJC) requires that all aspects of informed consent be thoroughly documented, whether in a formal consent form, progress notes, or other sections of the medical record. Key components to include in the documentation are:

A clear description of the proposed procedure or intervention
An outline of the potential risks and benefits of the intervention
A discussion of viable alternative options
An evaluation of the risks and benefits linked to those alternatives
An assessment to confirm the patient is aware of all of these key elements

When healthcare professionals neglect this duty, patients may undergo procedures without fully understanding the implications, leading to unexpected complications or injuries.

Common Informed Consent Errors

Over the years we have been in practice, we have handled various informed consent cases arising in different healthcare settings. Some of the common examples of legal issues with informed consent involve the following:

Lack of Information

Patients may not receive adequate information about their condition or treatment options.

Lack of Clarity

Informed consent documents often contain complex medical jargon that can confuse patients. When information is not presented clearly, it undermines the patient's right to make an informed choice.

Misleading Information

Healthcare providers may downplay risks or exaggerate benefits, leading patients to make uninformed decisions.

Failure to Document

In some cases, the informed consent process may not be properly documented, leaving patients vulnerable.

Coercion

Patients may feel pressured to consent to procedures without fully understanding their choices.

Not Assessing Comprehension

Healthcare providers sometimes fail to assess whether patients truly understand the information presented to them. This oversight can result in patients agreeing to procedures without grasping the associated risks and benefits.

Building Your Case: How Our Attorneys Prove Medical Negligence

Your medical malpractice lawyer from Beausay & Nichols Law Firm will investigate your case to determine whether your doctor engaged in malpractice. Some of the evidence we may review include:

Your medical records
Expert testimony
Witness statements
Your physician’s account of what happened

Call a Columbus, Ohio, Informed Consent Error Attorney Today

A key component of your healthcare is your freedom to choose treatment based on learning its nature. However, if this right is not honored, and you end up with an adverse, unexpected outcome, you have the right to seek recovery. At Beausay & Nichols Law Firm, we are passionate about advocating for patients' rights and guiding them through the legal maze. If you are looking for personalized legal support, contact us today to discuss your case with an informed consent attorney in Columbus, OH.