What Happens When Informed Consent Is Missing?
Part of shielding yourself from harm when accessing medical care is knowing that you have the right to be fully informed. This includes information about the risks, benefits, and alternatives of any proposed treatment or procedure.
Unfortunately, some patients undergo medical care without receiving the information they need to make an educated decision. This is known as uninformed consent, and it can be a serious legal issue under Maryland malpractice law. After sustaining harm in a healthcare setting, connect with a Baltimore personal injury lawyer.
What Is Informed Consent?
Informed consent is a legal and ethical obligation in which healthcare providers must:
- Clearly explain the nature of the procedure or treatment.
- Disclose all known risks and potential complications.
- Discuss reasonable alternatives to the proposed treatment, including less invasive options.
- Address the option of doing nothing, including potential outcomes if treatment is refused.
The goal is to ensure that patients understand their choices and can make a voluntary, well-informed decision about their care.
If a doctor fails to fully explain the risks or alternatives, and the patient proceeds with the treatment based on incomplete information, the patient has not provided true informed consent. In these cases, if the patient suffers harm, they may have grounds for a medical malpractice claim.
This issue is not just about a poor outcome. Even if the procedure was performed correctly, the failure to disclose important information can be a violation of the patient’s rights. Common scenarios of uninformed consent include a patient not being told about the potential for side effects or not being told about a safer, less aggressive treatment option.
How Does the Law Handle Healthcare Accountability?
Under Maryland law, informed consent is a fundamental part of medical practice. When a healthcare provider withholds crucial information, they may be liable for malpractice. This is particularly true if the patient can prove the provider failed to disclose information, a reasonable person would have declined or altered their decision if they had been informed, and the patient suffered harm as a result.
So, the law focuses not only on the physician’s responsibility but also on what a reasonable patient would have done if they had known all the facts. This matters because informed consent protects the patient’s right to control their own body and medical choices. When doctors fail to provide all the necessary data, they take that decision-making power away from the patient. It’s not just a medical oversight, it’s a violation of trust.
A skilled Baltimore personal injury lawyer can review your case, assess whether your consent was truly informed, and help you seek accountability and fair compensation. Protecting your rights as a patient starts with understanding them, and holding medical providers to the high standards you deserve.
Do you believe you underwent a medical procedure without being told all your options? Connect with the attorneys at Iamele & Iamele, LLP. If you were not fully informed of the risks of medical procedure, you may have a claim for uninformed consent. Contact us to book a confidential appointment.
