https://www.lezdotechmed.com/blog/medical-malpractice/informed-consent-form/
The majority of medical malpractice claims arise when a clinician fails to communicate the potential consequences of his or her actions. A doctor has the option to inform the patient about the treatment plan through an informed consent form. An informed consent form can limit most unneeded treatments that later end up in medical malpractice lawsuits.
The term "informed consent" refers to a patient's agreement to a procedure after receiving critical information about it. The physician must explain why the therapy is being performed to the patient. You have the right to control what happens to your body in this environment. You can consent or offer permission for care, treatment, or services after you have gathered all of the information.
Decision making capacity is the prime element in an informed consent form. The patient should be able to decide on the treatment procedure described by the physician. The healthcare professional should disclose all the details pertaining to the procedure to be done. This includes the side effects and complication of surgical procedures etc.
The informed consent form should be documented without fail as it serves as an evidence in medical malpractice claims. The patient or the legal representative should be accountable for the medical decision regarding the procedure or the treatment strategy.
If your doctor fails to obtain informed consent for non-emergency treatment, he may face prosecution. It could be a civil charge like gross negligence or a criminal charge like battery, which is the unintentional touching of a patient.
However, when the patient is unconscious and not accompanied by any bystanders, the physician can proceed with any treatment procedure without waiting for the informed consent form. This is applicable in emergency, life-saving situations.
Informed consent forms outline the dangers of a medical procedure and may absolve your doctor of liability if he fails to offer all necessary information. You may believe that signing a consent form absolves your doctor of all responsibility.
You may be bewildered if the procedure goes wrong and you are hurt as a result of medical negligence. However, consent papers do not completely relieve doctors of liability. Even though you signed a consent document before the surgery, you may be entitled to submit a claim if you were injured as a result of medical malpractice. As per the medical malpractice law, misdiagnosis, drug errors, surgical errors, and anesthetic errors, are not excused by signing a permission document.
You may be harmed as a result of a health care provider's negligence or medical error. Furthermore, you may be subjected to treatment that you are unaware of. Touching a patient without their consent may result in a civil or criminal medical battery charge against the doctor.
