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What Happens When a Doctor Does Not Provide Informed Consent

Feb 5, 2019 | Consent, Firm News

Though you trust your Indiana doctor to always do what is right by you, you have the final say in your treatment and care. Having the final say means your doctor provides you with and helps you understand all the necessary information so that you can make an informed decision regarding your care. Unfortunately, it is not uncommon for providers to leave out a key detail or two when discussing a procedure or treatment plan with a patient, or for a doctor to perform a procedure to which a patient did not consent at all. If either of these happens to you, you may be able to sue him or her for gross negligence.

According to FindLaw, Indiana, like most other states, has laws in place that protect your right to receive all the pertinent information regarding your condition, treatment options, risks associated with treatment and prognosis. Your doctor must present this information to you in plain language that leaves no room for questions or confusion. When you receive this information and make a decision based on it, your doctor will presume your decision is the product of informed consent. You must be a competent adult to give informed consent.

If your doctor fails to give you all the relevant information for non-surgery treatment, you may sue him or her for gross negligence. If found guilty, the courts may award you compensation. Moreover, the state may charge the provider with the criminal offense of “battery” for touching you without your permission. To win a civil lawsuit against your provider, you must show that your provider failed to disclose the risks or the outcome of the treatment, that had you known about the risks and outcomes, you would not have consented to treatment and that you suffered harmful consequences because of the unauthorized care.

This article is for educational purposes only. It should not be taken as legal advice.