Personal injury cases often revolve around the issue of consent. Medical malpractice cases, in particular, often involve important issues of patient consent.
Two forms of consent are relevant here: express and implied. Informed consent is a prerequisite to either express or implied consent.
Informed Consent
It’s not enough for a healthcare provider to secure mere consent from you; you’ve got to understand exactly what it is that you’re doing. That is what informed consent is all about.
The term “informed consent” can refer to either express or implied consent. You grant informed consent when you agree to a treatment or course of treatment, either verbally or in writing, after a medical professional has informed you of the risks and alternatives.
A doctor’s failure to secure informed consent can constitute a form of medical malpractice in Nevada. In litigation, an expert witness might be able to determine whether a patient was properly informed of the risks and options involving a treatment, for example.
In case you were wondering, a parent or guardian is the party who must give informed consent when it comes to the treatment of children or the mentally impaired.
Express Consent
Express consent applies when you specifically grant your consent, either verbally or in writing. “I hereby consent to…” is an example. Express consent can come in many forms.
Forms of Express Consent
Below are a few examples of verbal and written express consent that doctors commonly rely on:
- Acknowledging your receipt and understanding of pre-operative instructions,
- Agreeing to undergo elective treatments,
- Agreeing to chemotherapy treatment,
- Authorizing the release of your medical records,
- Consenting to a blood transfusion,
- Consenting to participate in a clinical trial,
- Consenting to a specific surgical treatment,
- Consenting to diagnostic tests.
- Verbal consent to minor treatments,
- Verbal consent to physical therapy,
Doctors and hospitals prefer written consent in most cases becasue they are effective evidence.
Consent Forms
Doctors and hospitals typically use prefabricated written consent forms. The following are typical contents of an effective informed consent form:
- ID information about the patient (name, address, contact details, and more),
- Information about the treatment,
- The name and qualifications of the healthcare provider performing the treatment,
- The purpose of the treatment,
- An explanation of why the treatment is necessary,
- Risks and possible complications,
- Benefits,
- Alternatives,
- Consent to proceed,
- Ongoing right to withdraw consent,
- Privacy and confidentiality,
- Questions and clarifications (for the patient to fill in),
- Signature of the patient or legal guardian,
- Signature of the witnessing healthcare provider or staff,
- Date of the signatures, and
- Consent to any additional emergency treatment that may be necessary during the treatment (an emergency procedure during surgery, for example)
A consent form may include fewer items than the ones listed above.
Implied Consent
Implied consent occurs when a patient consents nonverbally or a healthcare provider presumes consent due to the circumstances.
Examples of Implied Consent
Below are only a few of a virtually unlimited number of actions or circumstances that can generate implied consent:
- Attending a pre-surgical consultation,
- Bringing a child to a pediatrician for scheduled vaccinations (vicarious parental consent)
- Emergencies, if you are unconscious but require immediate medical attention,
- Returning to your healthcare provider for a follow-up appointment,
- Nodding or gesturing in response to a doctor’s proposal to perform a simple treatment such as taking blood,
- Participating in a telemedicine appointment and discussing your symptoms,
- Removing your clothing or positioning yourself as instructed by a healthcare provider, or
- Putting on a hospital gown and following directions for a procedure
Consent is usually implied only for certain specific treatments. In other words, the scope of consent is not unlimited.
An Experienced Medical Malpractice Attorney Can Help
Medical malpractice claims are typically complex and difficult to prove. They are not impossibly difficult to prove, however; after all, personal injury lawyers prove their clients’ claims every day.
Nevertheless, a medical malpractice claim is nothing you want to handle on your own. Set up a free consultation with an attorney to learn about your legal options.
Contact Our Las Vegas Medical Malpractice Lawyers at De Castroverde Accident & Injury Lawyers For Help Today
If you’ve been injured in Las Vegas, NV, and need legal help contact our Las Vegas medical malpractice attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
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