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South Carolina Lack of Informed Consent Lawyers

For individuals outside the medical field, medical procedures and testing may seem exceedingly complex and confusing. However, as a patient with bodily autonomy—the right to choose what happens to your body—you may accept or deny any procedure a doctor wants to perform. In order to make the right choice for your health, you must have the information you need to make this decision. Doctors must provide you with this information as accurately as possible while making it possible for someone without a medical background to understand. When a doctor fails to take this action, they put their patients at risk of suffering from unknown consequences that they could have otherwise avoided. This risk indicates negligence on the doctor’s behalf that is altogether unacceptable.

When you or a loved has been a victim of a lack of informed consent, not only do you experience a violation of the doctor-patient relationship, but you also shoulder responsibility for a circumstance out of your control. This situation is understandably infuriating, and you should not have to suffer through it alone. The South Carolina lack of informed consent lawyers at Evans Moore, LLC have experience with medical malpractice and are prepared to protect your rights.

Elements of Informed Consent

Informed consent refers to your right to voluntarily accept or deny medical treatment at any time. This consent is assumed during standard check-ups and testing, since these procedures are typically non-invasive and do not pose significant risks. However, informed consent is extremely important concerning more invasive treatment that poses adverse side effects or other serious consequences. In order to fulfill the requirements of informed consent, the doctor must:

  • Ensure the patient has the capacity to make a decision while understanding possible options and consequences
  • Disclose information about the procedure, including benefits and risks
  • Explain alternative procedures
  • Provide information about the procedure in a way the patient understands
  • Ensure that the patient voluntarily gives consent for the procedure

In the event that the patient is unable to give consent, usually due to a life-threatening injury or other emergency, informed consent may be unnecessary. However, in any other situation a doctor should always provide the necessary information for a patient to give informed consent.

Contact a South Carolina Medical Malpractice Lawyer

Informed consent is an essential practice in the medical field, and when it is not received, the patient may be placed at serious risk and face an undue physical, emotional, or financial burden. If you or a loved one has been affected by a lack of informed consent, you have the right to fight back. A lack of informed consent lawyer at Evans Moore, LLC can help build your case against a negligent medical practitioner and receive the compensation you need. To discuss the specifics of your case, contact us at (843) 995-5000 today.