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Lack of informed consent may constitute medical malpractice

Undergoing a medical procedure can be stressful and, for some people, terrifying.

Fortunately, patients should know exactly what they are getting into before they agree to any sort of medical treatment. This means that a doctor must ordinarily have a detailed communication with a patient before providing medical care. Failing to do so could result in legal liability because it could leave a patient with serious and unexpected injuries.The law actually requires doctors to obtain informed consent before proceeding with a medical operation. There are many aspects to informed consent. To start, a doctor must have a full discussion with the patient about his or her diagnosis. Subsequently, a doctor must discuss the treatment options available to the patient as well as the risks that are associated with each course of treatment. These treatment options must be comprehensive, meaning that a doctor cannot forgo discussing a treatment option simply because it is expensive or unpopular. Once this information is discussed with the patient, the patient must sign off approving the discussed course of treatment.If a doctor fails to obtain informed consent for an operation, or the doctor conducts a procedure that goes beyond the scope of the informed consent, then a medical malpractice lawsuit may be justified. If successful on one of these claims, damages may be recoverable. Compensation may be obtained for losses such as medical expenses, disfigurement and lost wages.Medical malpractice claims are extremely challenging to win, though. This is why victims of hospital negligence need to ensure that they have the best evidence available to them before proceeding on a claim. This includes documentary and testimonial evidence, as well as careful consideration of how one's own actions may have played into the harms caused. To conduct the careful analysis of the facts in light of applicable law, a medical malpractice victim may want to discuss their case with a skilled legal professional.

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