Informed Consent to Medical Tests or Procedures

Whenever a physician, hospital or clinic is providing what is considered to be a significant medical intervention, meaning any sort of testing or medical treatment, as well as participation in any sort of clinical trials or medical research, there must first be, from the patient or subject, “Informed Consent.” Informed Consent is the process for obtaining permission, before performing any health care procedure upon a person, directly from that person (or one who has the power and authority to give informed consent on behalf of one unable to do so). How consent is obtained is the subject of guidelines in the fields of medical ethics and research ethics.

In order for a person to be able to give Informed Consent, there must be a clear appreciation and an understanding of the facts, as well as any possible implications or consequences of the action to be performed. For this to happen, the patient must possess ordinary powers of reason, and be informed fully of the facts surrounding his medical condition, and his or her options. If a patient,(or in the case of a minor or incapacitated/incompetent person, the parent, legal guardian, or conservator), is not made aware of all of the relevant facts, it cannot be said that “informed consent” was had, and this may be the basis for a medical malpractice action should anything go wrong with the diagnosis and/or treatment.

Make no mistake, Doctors and other medical staff are only human, and they do (sometimes) make mistakes. In the practice of medicine, there are variables for every procedure or treatment such that nothing is 100 percent safe and effective for everybody. Informed consent by a patient or their legal representative as to any and all procedures to be performed, allows a patient a layer of protection against what might be an ill-advised course of treatment, while affording doctors protection for any negative outcomes that may have been discussed in advance.

If you believe that you, or someone you care about, has been the victim of medical malpractice, then you need the assistance of knowledgeable attorneys that will fight to hold those responsible legally accountable for their actions, and to obtain justice on your behalf. Call Mitchell S. Sexner & Associates LLC at (312) 644-0444 to schedule an absolutely free, no obligation consultation with one of our lawyers in the confidential surroundings of our Arlington Heights or Chicago offices, or at another location close to you. Call today for free information.