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Lack of Medical Consent: Types of Negligence

Although doctors and medical professionals have the specialized training that allows them to know which course of treatment is most effective, as patients, we have the final say in our medical decisions. By oath, medical professionals have an obligation to explain information about our care in plain terms an average person without medical training is able to understand. This due diligence allows patients to make informed decisions regarding their health and give “informed consent” before proceeding with suggested treatment.

With our health and safety at stake, it is unimaginable that a doctor or nurse would shirk their responsibility to communicate all necessary information to us, such as risks of a treatment, symptoms, expected outcome, and pre-treatment directions. Shamefully, medical professionals who fail to get our informed consent before operation or surgery often cause life-long injuries to innocent patients. Something as simple as forgetting to tell a patient not to eat prior to surgery can be fatal. Types of negligence in “lack of consent” cases include:

1. Gross Negligence

With regard to medical malpractice, gross negligence refers to carelessness that is obvious and blatant to a person with no medical training. These are serious cases of medical malpractice that may not require expert testimony to prove negligence beyond the acceptable standard for medical care. Examples of gross negligence include a surgeon amputating the wrong limb or leaving a surgical instrument inside of the body.

2. Unauthorized treatment

Medical professionals who fail to communicate the risks and outcome of a procedure in language understandable to the average population are susceptible to malpractice charges, as well as battery and assault charges for unauthorized touching. Treatment is unauthorized if the patient consented without knowing the risks of a procedure. This circumstance is applicable if you suffered injury or illness from a procedure and wouldn’t have consented to treatment if you knew the risks of the outcome.

3. Informed consent

To give consent, a patient must be in their right mind and understand all of the risks and implications associated with a procedure. If an adult was suffering from a mental illness or impairment, they cannot give consent. Additionally, minors cannot give consent – it must come from their parent or guardian. If you suffered harm from a course of treatment without medical professionals obtaining your informed consent to proceed, you have been a victim of medical negligence.

Contact a Lack of Informed Consent Lawyer

Suffering injury or illness because of an irresponsible medical professional is unacceptable. At Mazin & Associates, PC, we believe patient safety is an urgent matter and you should be able to trust your medical providers to be cautious, transparent, and forthcoming with you. If you have been a victim of medical malpractice, don’t hesitate to contact our compassionate legal team by calling (416) 250-1234 for unwavering support in your case.

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Mazin & Associates PC dedicates itself to achieving maximum settlements in serious personal injury and accident cases. Our areas of practice include car accidents, motorcycle injuries, brain injuries, spinal cord injuries, slip and falls, wrongful death, product liability, long-term disability and medical malpractice.

  • Toronto
  • Tel: (416) 250-1234
  • Toll Free: 1-800-432-HURT
  • Fax: (416) 250-1238
  • 5 Park Home Ave, Suite 120
  • Toronto, ON M2N 6L4