DC Metro Area Medical Malpractice Law Blog

One potential theory in a medical malpractice case  is lack of  informed consent.  The basis for such a claim derives from a very important principle in our culture.  In the United States, we believe that competent adults have the right to make decisions for themselves.  As a result, doctors have a duty to inform their patients about:

• their medical condition
• the consequences of remaining untreated
• the material risks of proposed treatment, and
  
• the recognized alternative treatments, if any

The question then becomes whether or not the doctor failed to provide the patient with suffiicent information to make an informed decision about treatment or medication.   If a reasonable person in the patient's position would have refused the treatment or medication if the information had been provided then the patient might have a claim for lack of informed consent.

Generally, states recognize two exceptions to the duty to give informed consent: one is in emergency situations when the patient is unable to give consent and the second is when the physician reasonably believes that the patient's reaction to the risk information will pose an immediate threat to the patient's well being.