Las Vegas Medical Malpractice Lawyer

Informed Consent

Before performing a procedure, a doctor must receive consent from his patient. In many cases, this consent is assumed, such as if you make an appointment with a doctor for a routine physical exam, it is implied that you consent to said examination. However, for tests that are invasive, risky, or have viable alternatives, the doctor must obtain explicit permission, although there are certain emergency situations in which there are exceptions. There are four major factors that must be present for informed consent to be given.

• You must be able to make the decision in question. This means that you must be fully conscious, and capable of making rational decisions. If you are sedated, or have a mental disability, it is possible that you may not fulfill this criteria.
• The doctor must give you all relevant information about the procedure. He or she must explain all relevant risks, benefits, and any alternatives that may exist to the procedure.
• You must understand all relevant information. The information that the health care provider gives you must be in clear language, and using terminology that you comprehend and understand. If the doctor is using words or terms that you do not understand, ask them to clarify and re-explain.
• The consent must be voluntary and not as a result of duress or coercion. You cannot be forced to sign a document of consent. The doctor or health care provider cannot threaten you, either overtly or implicitly.

This article is not intended to serve as, or as a replacement for, legal advice. If you have any questions related to medical injuries, malpractice or neglect, contact the Las Vegas medical malpractice lawyers of William Palmer & Associates, P.C. at 702-888-2222.