Medical malpractice is a wide-ranging term.  One type is when a medical professional fails to get consent from his or her patient regarding his or her treatment.  A patient has the right to know what procedures will be conducted and what medicines will be administered.  When medical procedures are performed and medicine is given without the consent of the patient, the medical provider can be held accountable.  Medical Claim Legal can help you if you have been involved in a medical negligence without your informed consent.

What Exactly is Informed Consent?


Simply put, informed consent is knowing what is entailed in the medical procedure, surgery and treatment that you are receiving.  This type of consent only applies to larger, more serious medical conditions.  For example, if a doctor recommends rest and no physical activity after you sprained your ankle, informed consent is not necessary.  However, if a person is diagnosed with cancer and requires surgery and chemotherapy, consent and an understanding of the process is required from the patient.  The American Cancer Society  breaks down the informed consent process as the following:

  • Patient is made aware of the risks and benefits of procedure, surgery and/or treatment
  • Other options are made known to patient along with their pros and cons
  • All of patient questions are answered fully by medical team
  • Patient has spoken to family and other advisers about procedure, surgery and/or treatment
  • Patient makes decision he/she thinks is best option
  • Doctor is made aware of patient’s decision

Lack of Consent Compensation

Lawsuits have already been filed and compensation has already been awarded in cases involving the lack of consent. There are countless cases that have been resolved that paint the picture of what is medical malpractice when it comes to consent.  One point of contention is that when there is a lack of consent, the medical provider may be charged with medical battery.

How Medical Claim Legal Can Help You

Lack of informed consent can be a confusing legal procedure.   Medical Claim Legal has lawyers who will investigate your case and help you get the compensation you deserve.  If you think you have been a victim of lack of informed consent, contact us today free of charge.

MedicalClaimLegal, simplifying the process for Informed Consent settlements