Think about having a medical procedure without knowing all the risks or other options. This shows why informed consent is so important in health care. When doctors do not give patients key information, it can cause serious problems and even lead to medical malpractice claims.
Does my doctor need to get my informed consent?
In Pennsylvania, doctors must get your informed consent by law. This is especially true for specific procedures and treatments. The Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act requires doctors to get informed consent for:
- Surgeries (including related administration of anesthesia)
- Radiation or chemotherapy
- Blood transfusions
- Inserting a surgical device or appliance
- Experimental medications or devices
Pennsylvania law requires doctors to inform you about the procedure, potential risks and benefits, alternatives to the proposed treatment and the prognosis if the treatment is not administered. Doctors should explain these things clearly and in terms you can understand. They need to tell you about material risks that could occur as well as share the expected benefits.
What can I do if I do not receive informed consent?
Without your informed consent, a doctor can be accused of malpractice in several ways, including:
- Performing procedures without proper authorization
- Exposing patients to unexpected risks
- Not allowing the patient to choose alternative treatments
- Not giving the patient the right to decide for themselves
You can sue for damages if your doctors do not present informed consent. However, you must prove that a reasonable person would have made a different decision if adequately informed. It’s important to note that the “reasonable person” standard is used in Pennsylvania, not the “reasonable physician” standard used in some other states.
While the concept may seem straightforward, medical procedures and legal requirements can only be challenging without legal support. Someone experienced in Pennsylvania medical malpractice law can assess where your rights were violated and guide you through seeking compensation.