Medical Malpractice Attorney
Compensation for failure to obtain informed consent prior to medical treatment
Obtaining the patient’s informed consent prior to medical treatment is one of the physician’s primary duties. As part of this, he must provide all the information necessary for the patient to make an informed decision as to whether he wants to undergo the treatment offered to him or not. Violation of this obligation may establish a patient’s right to monetary compensation on the grounds of medical malpractice and / or violation of autonomy. The following article will elaborate on just this matter.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
What is informed consent?
Before any medical treatment, the doctor must give the patient relevant information regarding the treatment, on the basis of which he will be able to make a decision whether he wants to receive the treatment or not. This is a duty of informed consent, according to which the doctor will provide details about the purpose and quality of treatment, risks, side effects, duration of recovery, alternative treatments if any, and more. The scope of the duty to notify varies depending on the type of treatment and a distinction is made between urgent care and elective treatment, for example plastic surgery. When the medical care is elective, the duty applies is broader because he is not under time limit. Obtaining informed consent, shall be done orally, with exception to instances where there is an obligation for written consent on a consent form, such as in the case of a surgical operation.
Medical malpractice lawsuit
Failure to obtain informed consent can constitute medical malpractice, in which case the patient will be able to receive monetary compensation for this cause, depending on the circumstances of the case and the severity of the damage caused. These include cases where the doctor does not inform the patient of the risks of the medical procedure and the existence of alternatives to treatment. This is on the condition that the patient can prove that if he had received this information, he would have chosen not to undergo the treatment. What is the rationale for recognizing non-informed consent as medical malpractice? Well, medical malpractice is defined as deviating from the standard of reasonable care, which caused harm to the patient and it would not have been caused to him had it not been for the negligent treatment. The courts consider obtaining informed consent an integral part of the standard of proper treatment and therefore, a physician who does not obtain the patient’s informed consent, has conducted medical treatment in an uncustomary manner that does not meet the standard of reasonable care.
Violation of the patient's autonomy
The patient’s entitlement to monetary compensation for non-informed consent can be based on another ground, which is the violation of autonomy. The right to autonomy stipulates that a person has a right to his body and when he is not given the necessary information regarding medical treatment, then in fact he is denied the opportunity to make an informed decision out of free will. Therefore, a violation of autonomy was recognized as a compensable cause. It is important to note that unlike medical malpractice, violation of autonomy does not require proving harm caused by the treatment. The courts actually regard the failure to provide details pertaining to the treatment as a tort, as it impairs a person’s ability to choose whether or not to undergo certain medical treatment. Therefore, the act of non-disclosure forms a cause of action.
Support From a Lawyer is Essential
Have you undergone medical treatment without being given the essential information about it? You may be entitled to monetary compensation.
The tort department at the law firm Moore & Co. offers professional and personal treatment on a variety of issues Related to tort law : gross negligence, personal injury claims, traffic accidents, work accidents, social security, property damage and defamation claims – injury to the good name .
Our legal services begin with the development of a comprehensive and accurate legal strategy designed to obtain a fair compensation for our clients.
With extensive experience and legal knowledge of the legal system, as well as professional treatment of hundreds of clients, we are here to assist you throughout the entire process.
Contact us at 02-595-3322 or WhatsApp 050-8116181 to schedule a legal consultation .
At the meeting, we will discuss your right to compensation and work to ensure that you are able to exercise all of your rights.
Mor & Co. attorneys are here to assist you .
