Milwaukee Lack of Informed Consent Attorney

Lack of informed consent occurs when a doctor fails to inform his or her patient about all of the ramifications and risks of a procedure before the procedure is done. It too is a form of medical malpractice. When adequate information is not given, a patient cannot be informed enough to give informed consent.

Consent merely means that the patient, when he or she is being told of a medical procedure by a doctor, agrees to the procedure. Although consent may be given verbally, by an act that indicates consent, or in writing, many states now require written consent. It isn't enough for a patient merely to sign his or her name or say "yes" for a procedure to be carried out. Consent must be informed consent which means the patient must understand many things about the treatment before treatment commences.

A good written informed consent form should include:

  • The name of the physician or surgeon who will be performing the procedure
  • The physician's qualifications
  • The patient's current medical condition
  • The purpose of the proposed procedure
  • Any and all risks involved with the procedure
  • Alternatives, including their risks, as well as the option of non-treatment and its risks
  • Chances of the procedure's success
  • Expected recovery length
  • Approximate cost of the procedure and whether or not it will be covered by a patient's health insurance
  • There must also be an opportunity to ask a doctor any questions a patient might have.

Proving that there was a lack of informed consent is not enough to win a lawsuit. There must be a causal link between the lack of informed consent and any resulting injury. The Wisconsin medical malpractice attorneys of Habush Habush and Rottier, S.C. recognize this and are adept at proving links between lack of consent and any resulting injury. If an injury does exist, every patient has legal rights that can be defended in a court. Contact the Milwaukee lack of informed consent attorneys of Habush Habush and Rottier in Milwaukee to schedule your initial consultation and to determine if you have a case that can be won.

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