Informed Consent and How it Applies to Medical Malpractice
Patients expect to receive proper and adequate medical care when they are fully informed about their medical condition, potential treatment options, and each option’s associated consequences and risks.
Under Tennessee law, healthcare providers who recommend treatment have a duty to discuss with the patient the consequences and potential risks of any proposed course of treatment. The healthcare provider is also under a duty to discuss other acceptable alternatives and the pros and cons of each. When this information is provided, the patient is then in a position to give informed consent.
Informed consent is a term used to describe the legally sufficient amount of information a doctor must provide to his or her patient prior to the patient’s written consent to treatment and/or surgery. Such informed consent allows the patient to play a more active role in his or her treatment. It also allows parents to know the results of prenatal tests, allowing them to make crucial decisions bearing on both their lives and their children’s lives.
Informed consent is required under Tennessee law and failure to receive informed consent prior to any course of medical treatment may result in medical malpractice and/or medical battery.
The medical malpractice attorneys in Knoxville at Baker Associates have the knowledge and experience necessary to determine whether your right to informed consent has been violated and whether a legal action for damages would be appropriate under the circumstances. Call today for a free, no-strings case consultation.
