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Medical negligence and informed consent

On Behalf of | Aug 2, 2023 | Medical Malpractice

Regarding medical negligence, your immediate thoughts may turn to issues such as failure to diagnose or surgical errors. While similar issues continue to affect the lives of many, they might not be the only concerns you could encounter while pursuing treatment for a medical condition. 

One example of negligence that may often be overlooked could pertain to the risks of failure to obtain informed consent. Knowing the types of information you retain the right to receive while seeking medical care could help you prepare to stave off similar concerns, but things might not always be so simple. 

Understanding informed consent 

Doctors in Delaware may be required by law to provide certain types of information so you can make an informed decision about your situation. Some examples of this information may include: 

  • Diagnosis and treatments: Your doctor may have a duty to provide accurate details regarding your diagnosis and information on the proposed treatment paths for your condition. 
  • Possible risks: You may also retain the right to notification of any risks associated with proposed treatments and any risks involved with choosing not to proceed. 
  • Alternative paths: Medical professionals may also have an obligation to provide you with information on any alternative treatment paths that may be available and the risks of each in turn. 
  • Clear language: Any information you receive must be in clear language, as your ability to understand your situation may be vital to your ability to provide informed consent. 
  • Written consent: Should hospital staff members ask you to sign a written form for consent, ensuring that you fully understand your situation and options may also be essential to protecting your interests. 

Understanding your situation and options may be integral to providing informed consent for treatments, and without this, any unapproved treatments administered may be unlawful by nature. 

Lack of informed consent 

Medical professionals may not only be unlawful to administer non-emergency treatment without informed consent, but there may also be specific scenarios in which this could put your well-being at risk. Should such medical negligence leave you with severe or life-changing injuries, you may face an understandable need for answers on your available legal avenues. Seeking advice in evaluating your situation and options could help place you in a better position to protect your future interests and pursue the full amount of compensation you deserve. 

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