What is Informed Consent in a Medical Malpractice Case?
By definition, informed consent is a legal term for the process by which an individual agrees to undergo a medical procedure or treatment or participate in a medical study after understanding the risks involved in participation. During this process, the physician performing the procedure or treatment should be present during the discussion and should disclose several things to individual before the procedure or treatment takes place. These include: (1) The diagnosis (2) The steps involved in the treatment or procedure and the purpose for the proposed treatment or procedure (3) The risks (side effects, complications) and benefits of the treatment or procedure (4) Potential alternatives to the recommended treatment or procedure (5) The risks and benefits of the potential alternative treatment or procedure (6) The risks and benefits of not participating in any treatment or procedure Once the physician has completed his or her discussion, the individual should be given an opportunity to as
