What Harm Can Be Caused by a Failure to Obtain Informed Consent?

If you sustain an injury or illness and go see a medical professional, you have the right to make decisions about the medical care you receive. Now, there are some caveats to that, but in general, doctors have to obtain what is called “informed consent” before moving forward with a course of treatment.

But what happens if a medical professional fails to obtain informed consent? In some cases, it could lead to serious harm to patients.

If you have been harmed due to medical malpractice, we are here to provide full support for your claim.

Understanding Informed Consent

Informed consent is the process by which a medical professional explains the risks, benefits, and alternatives of a proposed treatment or procedure to a patient, ensuring that the patient understands and agrees to the course of action. An article search study from BioMed Central found “participants’ comprehension of fundamental informed consent components was low,” indicating a lack of involvement of patients in the “shared medical decision-making process.” Informed consent is a fundamental patient right and a legal requirement in most healthcare settings. Informed consent involves:

• Explanation of the procedure. The doctor must explain what the procedure involves and why it is necessary.
• Disclosure of risks and benefits. The potential risks and benefits of the procedure must be clearly outlined.
• Alternatives to the procedure. Patients should be informed about alternative treatments, including the option of no treatment.
• Assessment of patient understanding. The patient must demonstrate an understanding of the information provided.
• Voluntary agreement. The patient must voluntarily agree to proceed without any coercion.

Consequences of Failing to Obtain Informed Consent

Failing to obtain informed consent can have severe consequences for patients. Here are some potential harms that can arise:

Physical Harm

One of the most direct consequences of a lack of informed consent is physical harm. When patients are not fully informed about the risks associated with a procedure, they cannot make a truly informed decision. This lack of information can lead to unexpected complications. For example, a patient might suffer from a side effect that they were not warned about or undergo an unnecessary procedure that carries inherent risks.

Emotional and Psychological Distress

Patients who discover that they underwent a procedure without giving informed consent can experience significant emotional and psychological distress. The sense of betrayal and loss of autonomy can lead to anxiety, depression, and a lack of trust in medical professionals. This emotional toll can be as debilitating as physical injuries and may require counseling or therapy.

Financial Burdens

Unexpected complications from a medical procedure can result in substantial financial burdens also known as financial toxicity. Patients may incur additional medical expenses for treating complications, rehabilitation, or long-term care that could have been avoided if they had been informed about the risks beforehand. Furthermore, patients might experience lost income if they are unable to work due to the complications.

Examples of Lack of Informed Consent

There are several common scenarios where a lack of informed consent can lead to patient harm:

• Failure to disclose risks. A surgeon does not inform a patient about the risk of infection or other complications associated with a procedure, and the patient suffers an infection as a result.
• Performing an unconsented procedure. A patient consents to a minor procedure, but the surgeon performs a more invasive surgery without informing the patient of the change.
• Inadequate explanation of alternatives. A doctor fails to inform a patient about less invasive treatment options, and the patient undergoes an unnecessary and risky surgery.

Steps to Take if Harmed by Lack of Informed Consent

If you believe you have been harmed due to a lack of informed consent, it is crucial to take the following steps:

1. Seek medical attention. Address any immediate health concerns caused by the procedure.
2. Document everything. Keep detailed records of your medical treatments, communications with healthcare providers, and any complications or symptoms you experience.
3. Consult a medical malpractice attorney. An experienced attorney can help you understand your legal rights and options, and guide you through the process of filing a claim.