Medical professionals are required to obtain informed consent from their patients in many cases where medical care or treatment is required. In general, doctors and others must provide patients with a list of benefits, risks, and surgical or other alternatives to the medical procedure. Only after receiving such information should the patient agree to proceed. However, in many cases a patient is not made aware of all of the risks and may suffer grave harm as a result.
The lawyers at Furr & Henshaw can help hold medical professionals accountable for such negligence. We have done so for more than 40 years. With offices in Myrtle Beach and Columbia, we serve throughout South Carolina. We always stand ready to assist.
Requirements Of Informed Consent For Physicians
There are certain considerations that every physician or other medical professional should cover prior to having a patient undergo a medical procedure, including:
- A diagnosis of the medical problem
- The purpose of the proposed treatment and its likelihood of success
- Benefits and risks of undergoing treatment
- Benefits and risks of not undergoing the proposed treatment
- Treatment alternatives
If a physician fails to fully inform a patient of all of the things a medical procedure entails, and the patient subsequently suffers an injury as part of the procedure, the physician may be liable for medical malpractice.
Patients should not play a passive role when it comes to giving their consent. Rather, they should actively listen to what their doctor is explaining and ask questions or seek more information if something is unclear. In addition, in some situations it may not be possible to obtain consent, such as in emergency situations or when a surgery uncovers an undiagnosed problem that must be corrected immediately, while the patient is unconscious.
If circumstances are unclear, our lawyers will thoroughly review your claim to let you know whether you have a case or not.
Legal Support When You Most Need It
If you or a loved one was harmed during a medical procedure, you may be entitled to financial compensation. Contact our firm to schedule a free initial consultation to discuss your case. You can call us at 803-250-6829 (Columbia) or 843-213-6737 (Myrtle Beach), or arrange an appointment online.
All cases are taken on a contingency basis, which means you will owe us no attorney's fees unless we successfully recover compensation on your behalf.