Informed Consent. Buchanan & Buchanan.

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Informed Consent

The principle of informed consent requires a physician to provide information in advance to a patient about the medical condition and available care options so the patient may make an informed decision of whether or not to have proposed treatment.  A doctor must adequately inform a patient of diagnosis, nature and purpose of treatment, any alternatives, benefits and risks of a procedure itself, and risks of not undergoing the procedure.  The doctor must not only get the patient’s consent to treatment, but the consent must be obtained from a fully informed patient.

While consenting to treatment may limit a claim, signing a statement assuming the risks involved with a procedure does not mean you are without recourse if the health care provider fails to perform to acceptable levels of care and is negligent.  You do not consent to negligence by the medical professional.

FORMS OF CONSENT

Consent to a treatment can be given either orally or in writing, as is common where doctors provide consent forms for patients to sign. There are some situations where consent of a patient is implied, as where the patient exhibits conduct indicating a willingness to undergo the treatment, or in the case of an unconscious patient who is unable to consent, and there is no family member available to give consent on his or her behalf (and no living will which directs otherwise).
If the patient is a child, it is usually necessary for a parent or guardian to consent to any treatment, unless treatment is required in an emergency situation and the parent or guardian is unavailable to give consent. Exceptions may apply to situations where a minor seeks treatment for a sexually transmitted disease, or for alcohol or drug problems.

OTHER MEDICAL MALPRACTICE FOCUS AREAS

BIRTH INJURY
Birth injury occurs during the birthing process and can damage nerves, break bones, or injure the brain.
CEREBRAL PALSY
Cerebral palsy is a permanent movement disorder that can be caused by injury to a child's brain during the birthing process.
SURGICAL COMPLICATIONS
Complications after surgery can be from a surgeon's negligent conduct in surgery.
MISSED DIAGNOSIS
A missed diagnosis often means a delay in proper treatment, often with devastating consequences, for example, medical cancer cases.
MEDICAL NEGLIGENCE
When a healthcare provider, in acting or failing to act, does not comply with the standard of practice in medicine.
HOSPITAL LIABILITY
Many medical malpractice claims occur because of procedures or treatment given to patients in hospitals.
INFORMED CONSENT
A doctor must in advance adequately inform a patient of diagnosis, nature and purpose of treatment, and benefits and risks of procedures.
ESTABLISHING A DUTY OF MEDICAL CARE
Doctors and healthcare providers are not automatically required to treat or provide care to everyone they meet.
Buchanan & Buchanan, P.L.C.
171 Monroe Ave. N.W. Suite 750
Grand Rapids, MI 49503
voice: (616) 458.2464
toll free: 1-800-272-4080
fax: (616) 458.0608
email: mail@buchananfirm.com