Medical Malpractice - Informed Consent

 

Medical Malpractice – Informed Consent

There isn’t one reputable mechanic in the world that would just go ahead and make a bunch of unasked for repairs to your car without telling you that they were needed in the first place. How would you like it if you brought your car in for an oil change only to be told that they replaced the whole fueling system without asking you? Or how would you like it if the mechanic told you that he was in the middle of making repairs that you didn’t ask for and accidentally caused more damage? The easy answer is that you wouldn’t like it at all.

Although the stakes are much higher than they would be with your car, these same principles are behind Maryland’s laws regarding what is called “informed consent” between you and your doctor or surgeon. What this means is that if you are going to have any medical or surgical procedure, no matter how major or minor, the medical professionals in charge of your care need to tell you everything about your medical procedure, and they need to have your permission before they can carry on.  

There are exceptions to this, of course. For instance, if you get into a car accident and surgery is necessary to save your life, the medical staff involved can rightfully assume that permission is given. But if the surgery is elective, or something that is planned in advance, it is the duty of the medical staff to tell you everything that they can.

 

What follows is a list of what makes a patient in Maryland properly informed.

The information should be in writing: Every aspect of your procedure should be written down, and all of it should be properly communicated to you by your doctor. If you simply get handed some documents with no explanation and are told to read it and sign, then you haven’t been properly informed. There is no way that someone with no medical training can be expected to fully understand everything that will be done during a surgery. The doctor or surgeon should give you a thorough verbal briefing of everything that will happen in conjunction with any documents that you are given to sign.

You should be told exactly what the procedure will involve: How long will this procedure last? Who will be performing the surgery? Will the anesthetic be local or general? How long is the recovery time? Will the recovery be painful, and if so, how painful? What exactly will the surgeons be doing during the surgery? Where are they going to cut? How big will the scar be? All of these questions should be answered as clearly as possible. If your surgeon flashes you a winning smile and little information, find yourself another one.

You should be told how a successful surgery would benefit you: There shouldn’t be anything vague about an operation, nor should there be anything that you don’t understand completely. That includes the results. Will you be back to normal after the operation, or even better? What can you expect as an outcome if things go well, or if things go poorly? Otherwise, what is the point of going through all of this?

You should be told what the chances are of the procedure being successful: No surgery is a guaranteed success. A successful surgery depends on the skill of the physician, the condition of the patient, what sort of procedure is taking place, and any number of unquantifiable things. The people responsible for your care took all of this into account before deciding that you were a candidate for surgery. But what might seem like favorable odds to them might not seem that way to you. Nor should these odds be understated or exaggerated. Remember, a surgery is a voluntary procedure. No one can force you to undergo an operation.

You should be told what other non-surgical options, if any, are available: In many cases, cutting you open is one of the options, and not the only option. If a patient has any other opportunities for treatment, it is the duty of the medical staff to tell them what they are.

You should be told how minimal or substantial the risks are: This is extremely important. Of course there are risks to any sort of surgery, but some are riskier than others. For instance, if you are getting an ingrown toenail handled, there risks are indeed minimal. But if you are having an arterial splint put in, then obviously the risks are much greater. What your doctor owes you is an honest assessment of any risks or dangers that are involved in your treatment, no matter how minimal they might be.

All of this information should be explained to you verbally and put in writing, and you must agree to be operated on before you undergo any surgical procedure. If there are elements that you don’t understand, ask that they explain again.

Another important thing for you to remember is that if you agree to a procedure, you are agreeing to that and nothing else. A surgeon cannot do anything except what you have agreed upon. Unless he sees something that will immediately place your life in danger, he or she has no right to poke around in there. There are many reasons for this. The first is that surgeries are a costly business, and your insurance company is looking for any reason to pay as little as possible. If the surgeon does something beyond what was agreed upon by you and the insurance company, the costs will be passed on to you. The second reason is that such practices are dangerous. A surgeon might be completely prepared for your operation, but it can be assumed that he or she didn’t prepare for anything else. A mistake is a likely occurrence during any operation, and if your surgeon is straying into an area that he or she is not completely familiar with, the odds of a drastic and harmful mistake become more and more likely.

Greenberg and Bederman is rated AV by Martindale Hubbell for Ethical conduct and professional excellence. Greenberg & Bederman is a member of the Million Dollar Advocates Forum, which is limited to trial lawyers who have demonstrated exceptional skill, experience and excellence in advocacy by achieving a trial verdict, award or settlement in the amount of One Million Dollars or more.  One of our main practice areas is helping those who have been injured due to medical malpractice in the Washington DC Metropolitan area. If you or a loved one in Maryland, the District of Columbia or Northern Virginia has been injured due to a medical malpractice surgical error, or a wrong or late medical diagnosis, contact Greenberg and Bederman for afree legal consultation today.

If you want to learn more about medical malpractice issues, please visit our medical malpractice page. If you want to learn more about our medical malpractice lawyer, John Sellinger, please read about him or watch his medical malpractice video.

If you feel that you are suffering from not having been properly informed about your surgery, or if you feel that your surgeon went beyond what you agreed to, contact Greenberg and Bederman for a free legal consultation today.

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