Lack Of Informed Consent

Lack of Informed Consent Lawyers

Informed consent is a prerequisite to most medical care. Except in extreme situations (such as if a patient is unconscious or at risk of imminent death), Washington State informed consent laws require physicians and other health care providers to adequately inform and obtain the consent of patients before any medical care is performed.

Informed Consent – What Must Be Provided

In general, informed consent typically consists of providing patients with the following:

  • The name and qualifications of the physician who will be performing the medical procedure.
  • The purpose of the procedure.
  • Possible complications or risks involved with the procedure.
  • Alternatives including non-treatment.
  • The chances of the procedures success.
  • Expected length of recovery.
  • Approximate cost and anticipated coverage by your insurance plan.

Lack of informed consent is a separate cause of action in Washington State.

What Can Happen When Informed Consent Is Not Provided?

Informed consent is required so that patients understand their options and the risks associated with any treatment. They can then make informed decisions about what type of treatment is best for them, or whether to forgo treatment entirely.

Invasive medical procedures in general have many risks, including the risk of infection. Specific types of procedures also have risks and complications that are unique to the procedure being performed, including the risk of certain types of complications. If these risks are not clearly explained to patients, then they are not able to make a clear informed decision about the risks that they are agreeing to as part of the treatment.

We Know What Is Required to Win

In order to win a case involving lack of informed consent, we must understand the facts and circumstances for each case. What exactly was the patient told by the physician or health care provider? What documents or consents did the patient sign? What risks did the patient assume? Were patients clearly informed of other options available?

These and the answers to similar questions are at the heart of an informed consent claim. In order to prevail in court, we must be able to demonstrate exactly why an informed consent was not properly obtained. We must then prove the damages that were caused by the lack of informed consent.

How We Help Clients in Cases Involving Informed Consent

If you have a lack of informed consent claim, contact us. We can schedule a time to meet with you at your convenience to learn about your claim. There is no cost or obligation for the initial consultation.

If you hire our firm, we will thoroughly investigate all aspects of your case, and if a claim for lack of informed consent exists, we will work hard to prove every aspect of your case and the damages you sustained and to seek recovery of all amounts to which you may be entitled. With years of personal injury practice, we have the experience and tenacity needed to take on doctors and other defendants in seeking full compensation for our clients.

If we are retained, we will work on a contingency fee basis. This means that you will only owe us a fee if we recover compensation for you.

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