What is Consent? What are you supposed to be told about by your doctor?
The idea of informed consent is based on a definition of the law. It requires your doctor to give you information about the benefits, risks and alternatives of any test, procedure or treatment he recommends, before it is performed. It requires you to sign a document which states your doctor has given you that information.
If your doctor fails to explain to you the benefits, risks and alternatives of any treatment he recommends before it is performed, you may be entitled to make a claim for compensation under the law of negligence against your doctor if you have suffered injury as a result of your doctor’s negligence.
Many sick people sign consent forms without a full understanding of the risks and benefits of those tests, procedures and treatments. They may not have asked enough questions, or they may not have made any additional enquiries before signing the form.
It is advisable not to sign an informed consent form on the spot. Don’t sign anything until you know what you are signing. Ask your doctor to explain exactly what he is asking you to allow him to do.
If you are asked to sign an informed consent document, follow these guidelines:
• First, understand that your signature on the form tells your doctor that he has your permission to go forward with his recommended treatment, test or procedure. It makes no sense to give any doctor permission to do anything to you until you really understand why it is being done, what else could be done instead, and what could possibly happen to you in the process. That requires you to make enquiries. If you are unsatisfied, then take your time to get the answers you need.
• There is no rule that says you must sign the consent form when it is handed to you. Some doctors include the informed consent form among the documents that must be signed by patients before they see the doctor. If that happens to you, then just hang on to it until you are satisfied you have the information you need.
• When your doctor describes the tests, procedures, benefits and risks to you, take the time to repeat them back to him as you understand them. That will give the doctor the ability to clarify any information you may not understand correctly.
• Finally, recognize that your signature on the form provides no guarantees that the treatment, test or procedure will relieve or cure you, or that you are removing any risk. Unfortunately, medical treatment can never provide a guarantee. But your understanding of why you need the test or treatment, how it will happen, and what the risks and alternatives are, will support its chances of being successful.
If your doctor has failed to provide you information about the benefits, risks and alternatives of any treatment he recommends before it is performed, you may be able to make a claim under the law of negligence against your doctor if you have suffered injuries as a result of your doctor’s negligence.
This Guide was prepared by Balinda & Co to help you understand your rights to provide an informed consent before any treatment recommended by your doctor is peformed.
Balinda & Co have many years experience and have helped a lot of people who have suffered injuries due to negligent doctors to get compensation.
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Want help with your doctor’s negligence claim? Please contact us or call 0800 321 3287 and let us talk it through.