Doctors are typically required by law to get “informed consent” from patients before they perform medical procedures like surgery or various medical treatments. The primary exception is when they’re providing emergency care.
Most people have been handed a multi-page form to read and sign that gives this “informed consent.” However, when signing and initialing as instructed, it’s easy to feel anything but informed. Even if someone reviews it with you and answers your questions, there may be verbiage you skip over that could be relevant to your health and safety.
What information are medical providers required to give?
It’s important to know that medical providers are required to provide patients with specific information about any procedure or treatment. The information must be in language that’s understandable to non-medical professionals.
This required information about the procedure or treatment includes:
- Its nature and purpose
- The benefits and risks of getting it as well as those of not getting it
- Alternative procedures and treatments, along with their benefits and risks
Further, under New Jersey law, providers “must tell the patient not only about the alternatives that the doctor recommends, but also about all medically reasonable alternatives that the doctor does not recommend.”
How doctors can be held liable if there’s a lack of informed consent
According to New Jersey law, “A doctor is responsible for any injuries suffered by the patient, if the doctor did not adequately explain all medically reasonable courses of treatment, including non-treatment, in what the doctor knows or should know to be the patient’s medical position or condition.”
Holding a doctor liable for lack of informed consent can be challenging if your signature is on a document that meets the criteria discussed here. They may say they assumed you understood because you didn’t ask questions or they answered any questions you asked.
That’s why it’s crucial to read any consent form carefully, ask questions and expect answers. Don’t let yourself be rushed or intimidated into signing. Of course, these forms are often presented in the midst of stressful circumstances. You may have been in severe pain or under the influence of prescribed medications. You may not have had your glasses or contact lenses.
Whatever the situation, if you believe you or a loved one suffered harm due to lack of informed consent, it’s smart to get experienced legal guidance to determine what options you have for justice and compensation.