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Every patient has the right to understand what’s going to happen to their body before a medical procedure. That’s not just good practice, it’s a legal requirement. When doctors fail to properly inform patients about the risks, benefits, and alternatives to a proposed treatment, they violate a fundamental principle of medical ethics and law.
What Informed Consent Actually Means
Informed consent is more than signing a form before surgery. It’s a conversation. A doctor must explain the procedure in language you can understand, discuss what could go wrong, outline alternative treatments, and give you the chance to ask questions. You’re entitled to make decisions about your own body based on complete, accurate information. The law recognizes that patients can’t truly consent to something they don’t understand. A signature on a consent form doesn’t protect a doctor if they never actually explained what that form contained.
Common Informed Consent Violations
Some violations happen more frequently than others:
- Failing to explain serious risks or complications
- Not mentioning alternative treatment options
- Rushing through explanations without checking patient understanding
- Using overly technical language without clarification
- Withholding information about a doctor’s lack of experience with a procedure
- Failing to disclose financial interests in recommending certain treatments
A San Francisco Medical Malpractice Lawyer sees these situations regularly. Patients undergo procedures thinking they understood the risks, only to suffer complications they were never warned about.
When Does It Become Malpractice
Not every informed consent issue rises to the level of malpractice. You generally need to prove three things. First, the doctor failed to disclose information that a reasonable patient would want to know. Second, you suffered harm from the procedure. Third, you would have declined the procedure or chosen a different option if you’d been properly informed. If you had proceeded with the treatment anyway, even knowing the risks, then the lack of informed consent may not have caused your injury, but if the undisclosed information had changed your decision, you may have grounds for legal action.
Real World Examples
Consider a patient who undergoes elective back surgery without being told that the success rate for their specific condition is below 50%. They experience complications and permanent nerve damage. Had they known the odds, they might have tried physical therapy and pain management instead, or thought about someone who agrees to a medication without being told about a black box warning for serious side effects. When they develop those exact complications, they discover their doctor never mentioned the risks despite FDA requirements to do so.
Your Rights As A Patient
You have the right to refuse treatment, even if your doctor recommends it. You can request a second opinion before proceeding. You’re entitled to take time to consider your options rather than making an immediate decision. All of these rights are protected by California law. According to the American Medical Association, physicians must ensure that patients or their surrogates receive all relevant information needed to make an informed decision about proposed interventions. This includes information about the diagnosis, proposed treatment, expected outcomes, and material risks.
The Law Office of Bennett M. Cohen understands that informed consent violations often leave patients feeling betrayed. You trusted your doctor to guide you through important medical decisions. When that trust is broken through incomplete or misleading information, the consequences can be life-changing.
What To Do If You Suspect A Violation
Document everything you remember about conversations with your doctor. Write down what you were told, what you weren’t told, and what you wish you had known. Gather your medical records, consent forms, and any written materials provided before the procedure. A San Francisco Medical Malpractice Lawyer can review your case and determine whether your doctor’s failure to obtain proper informed consent constitutes actionable negligence. Medical malpractice cases involving consent violations require careful analysis of what information should have been disclosed and how that omission affected your decision-making. If you believe you’ve been the victim of medical procedures without informed consent, contact us today.
