Patient Consent Violations

New Braunfels Personal Injury Lawyers

Any patient who is undergoing treatment or agreeing to a medical procedure must first be fully informed of the potential risks. If they are not, they cannot give informed consent to their doctor or medical practitioner and any consequent injuries could result in the doctor being held accountable. For more information about patient consent violations and informed consent lawsuits, call 830.476.7780 to connect with our New Braunfels medical malpractice attorneys at Kyle Law Firm today.

Full Explanations are Required

When your doctor recommends a medical procedure or a certain treatment, whether it is groundbreaking or tried-and-tested, you will usually be handed an informed consent form. On this piece of paper, it will outline the risks, the benefits, and what outcome is expected. If you are given a detailed explanation of each portion of the informed consent form and you agree to sign it, you have indeed been given informed consent. If you are told briefly or not at all about the risks, or if you are harassed into signing it, you have not given informed consent.

All treatments require informed consent but some have more risks than others, including:

  • Spinal corrective surgery
  • Brain surgery
  • Heart surgery
  • Implementing a new drug

If you are offered any of the aforementioned treatments, it is advised you speak in-depth with your doctor so you fully understand the risks. Insist that you get all the information possible before you agree to sign an informed consent form. A trustworthy doctor should be able to explain their reasoning for wanting to continue with the procedure or treatment. Getting a second opinion if you are unsure can also be helpful so long as a delay does not jeopardize your health.

When Informed Consent Isn't Necessary

Despite all that has been discussed regarding informed consent cases, it is not always necessary. An emergency room operator or technician may perform most any sort of treatment option if there is reason to believe it will save the patient’s life; a patient may even voice their desire not to have the procedure done but the physician still has the legal ability to make the call without legal consequence if they do. Patients that are unconscious or unable to communicate with the physicians also typically cannot sue for lack of informed consent.

Doctors may also permit treatment based on their discretion if the patient is emotionally unstable and cannot reasonably make medical decisions on their own. If there is a chance that understanding the full risks of a procedure could make someone ill with anxiety and stress, worsening or creating a condition, a doctor also has the choice of not disclosing everything or remaining vague in their explanations.

Legal Guides to Lead the Way

Patient consent violation cases are going to be intricate almost by nature. Much of it can boil down to your word against your doctor’s, especially if you were coerced into signing an informed consent form without knowing the full details. Let our New Braunfels personal injury lawyers take up your case and act on your behalf. Using our 60+ years of collective legal experience backed by the knowledge of our Board Certified experts in personal injury law, we can stand up to any opposition and fight for the compensation you require.


Contact us today for a complimentary case analysis to begin.


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