Ohio Failure to Obtain Consent Lawsuits
Formal consent is required every time a patient undergoes significant medical treatment or surgery. Medical professionals and physicians have a responsibility to explain the risks of any procedure and available alternative courses of treatment. A doctor's failure to advise their patient regarding the risks of treatment or a procedure which leads to injury can be the basis of a medical malpractice action.
A signed informed consent form does not necessarily mean a physician has fulfilled their duty. They are also responsible to review the risks verbally with the patient. Consequently, a signed informed consent form does not necessarily preclude one from recovery.
A physician also has a responsibility to identify the risks of any procedure with a patient's family when the patient is unconscious or under the influence of sedatives.
Doctor's have the following informed consent duties:
- To fully and comprehensively explain the surgical procedure or course of treatment
- To explain and give the option for alternative treatments
- To identify the potential risks of the treatment
- To make sure that the patient understands the risks and wishes to proceed
If the foregoing duties are met it is likely that informed consent has been obtained. However, if you or a loved one has been harmed and you think it may be based in part on a lack of informed consent, please contact one of our experienced Cleveland medical malpractice lawyers today.
