New Jersey Medical Mistakes Lawyers Discuss Patients’ Right to Informed Consent

When it comes to recommending a course of treatment for a patient, whether it involves medication, a surgical procedure, or any other medical intervention, it is the doctor’s responsibility to explain both the benefits and the risks associated with the treatment. This is to ensure the patient can make an informed decision with all relevant information. Failure to provide this information and obtain the informed consent from the patient may be considered medically negligent.

Patients have a right to know if a particular treatment is likely to be successful, what side effects he or she can expect, and answers to any other relevant questions. According to the American Medical Association (AMA), there are six features that determine informed consent:

• A confirmed diagnosis
• The type of treatment or procedure and its purpose
• The risks and benefits associated with the treatment
• Any alternatives to the recommended treatment
• The risks and benefits of the alternative treatment
• The risks and benefits of opting out of the treatment

Unfortunately, many people do not realize that they have the right to request this information, especially if they perceive the doctor to be too busy to answer their questions. Sometimes a patient may not know what questions to ask, so they simply accept the information they are given. Other times, they may ask questions but are not given straight answers by the doctor.

There are some exceptions when it comes to who can provide informed consent, including:

• Children – it is the responsibility of a child’s parent to give informed consent if a child requires medical attention.
• Patients with life-threatening emergencies – if a person is not conscious, a medical professional may make treatment decisions without consent.
• People with dementia or other similar impairments – doctors will need another family member to make decisions regarding treatment.

According to Jennifer Schmid, a neuropath and registered nurse in Santa Clara, California, there is a system-wide failure in the healthcare industry when it comes to patient empowerment and informed consent. A lack of consistency is one of many issues that prevent patients from obtaining informed consent. This is unfortunate, says Schmid, since research shows that there is a strong correlation between patients who feel empowered about their healthcare and those who have positive, successful outcomes and survival rates.

Patients also have the right to refuse treatment after learning the benefits versus the risks involved with the recommended course of treatment, even if the doctor feels that this is the wrong decision. This right is referred to as informed refusal. An exception to this rule occurs when your doctor believes that your ability to make an informed decision has been compromised. Under these circumstances, your doctor may continue with the treatment plan if it is believed to be in the best interest of the patient.

One way to ensure that you maintain control of your decisions is to fill out an advance directive and living will while you are healthy and of sound mind. This will make it clear to family and doctors what your wishes are in case you become incapacitated.

New Jersey Medical Malpractice Lawyers at Eichen Crutchlow Zaslow, LLP LLC Protect the Rights of Patients Injured by a Medical Mistake

If you or a loved did not give your informed consent for a procedure or medical treatment and you were injured as a result, contact New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP LLC. We will work hard to help you secure the financial compensation you deserve. To schedule a confidential consultation, call us today at 732-777-0100 or contact us online. Our offices are located in Toms River and Red Bank where we serve clients throughout New Jersey.