Informed Consent In Delaware Explained
As a Delaware medical malpractice lawyer, when I file a lawsuit against a doctor or a hospital, one of the defenses that’s raised is “the patient signed an informed consent form.” But when the smoke raised by the defense clears, the fact remains that no matter what the patient agreed to by signing the form, one thing that’s not on the form is the patient’s agreement that the doctor can perform a medical procedure carelessly.
The important thing to remember is that informed consent is more than simply getting a patient to sign a written consent form. Instead, it’s a process of communication between a patient and the doctor that results in the patient understanding several things:
1. The nature and purpose of the proposed procedure or treatment,
2. The risks and benefits of the procedure or treatment,
3. The alternatives to the procedure or treatment,
4. The risks and benefits of not receiving or undergoing the treatment or procedure
During this communication process, the patient should have an opportunity to ask questions. Once the patient has all of this information, he can make an informed decision to proceed with or refuse the treatment or procedure. Many patients feel intimidated when talking to their doctor. Imagine how much better it would be if the doctor did not rush through his explanation, and if he told you that you are participating in a decision, not simply signing a consent form.
If you have a question about a possible medical malpractice case, contact a Delaware medical medical malpractice lawyer.
