Understanding Informed Consent: A Patient’s Guide to Healthcare Accountability

By Your Health Magazine

Your Health Magazine

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Understanding Informed Consent: A Patient’s Guide to Healthcare Accountability

Here’s how informed consent works — and how to spot when things go wrong.

The majority of patients leave their doctor’s office without having a clear idea of what they were just told.

They bob their head up and down. They sign a form. They assume the doctor explained everything.

But here’s the thing…

Assuming that everything is OK can cost you your health. Maybe even your life.

There are certain rights every patient is entitled to. Informed consent is one of them.

The Problem With Informed Consent

Informed consent is just one of those confusing parts of healthcare that most people never think about…until it goes wrong.

When a doctor fails to properly inform a patient of a diagnosis or recommended treatment, that patient is forced to deal with consequences that no one should ever have to face.

This guide covers how informed consent works and what patients can do if their rights are violated.

Here’s What You’ll Learn:

1. What Is Informed Consent?
2. Why Informed Consent Matters More Than You Think
3. What Doctors Are Required to Inform You About
4. Common Instances When Informed Consent Goes Wrong
5. What To Do If You Suspect Your Rights Were Violated

What Is Informed Consent?

Informed consent is the process by which a patient is given everything they need to know in order to make an informed decision about their own healthcare.

It doesn’t just mean having a patient sign a form.

True informed consent occurs when a physician verbally walks a patient through:

• The diagnosis — or possible diagnoses if uncertain
• The recommended treatment plan and why they’re suggesting it
• The risks involved by moving forward with treatment
• What will happen if the patient decides against treatment
• All other available treatment options

Doctors have a legal and ethical responsibility to disclose this information to patients.

And if they don’t, they open themselves up to serious legal trouble.

Why Informed Consent Matters More Than You Think

Medical malpractice due to delayed diagnosis accounted for 26% of all medical malpractice claims in 2023.

That’s almost a quarter of all medical negligence lawsuits that are filed every year.

And it happens for a simple reason: doctors didn’t take the time to properly inform their patient.

If a doctor misses a diagnosis — or takes too long to figure out what’s wrong — they shouldn’t hide behind paperwork. They should be held accountable.

That’s where having a delayed diagnosis attorney on your side can help.

When doctors know a patient is being proactive about their legal options, they tend to take things more seriously.

Connect with a trusted medical malpractice lawyer to learn more about your rights as a patient.

Just remember…

This isn’t about being greedy. This is about accountability and making sure this doesn’t happen to someone else.

What Doctors Are Legally Required to Tell You

Here’s the deal. A doctor is required by law to give any and all information that a reasonable patient would want to know before consenting to treatment.

This includes:

• The exact nature of the procedure or treatment recommended
• Any material risks associated with the treatment
• Expected benefits of the treatment
• Other treatment options that would be available
• What would happen if no treatment is performed

Got it?

Here’s the problem: many physicians tend to rush over the informed consent process. Some will even ask patients to sign forms in the hallway while running late for the next appointment.

When that happens, patients often feel rushed or too intimidated to ask questions. Before they know it, they’re going home with a host of complications they were never told about.

The disconnect between what doctors should tell you versus what they often tell you is where most malpractice claims start.

Common Instances When Informed Consent Goes Wrong

Keep in mind that not every negative outcome is due to malpractice. However, if any of the following situations occur, it may point to medical negligence:

The doctor:

1. Performs a procedure without explaining the material risks and the patient suffers a foreseeable complication.
2. Never mentions alternative treatments and the patient receives care that wasn’t quite right for their condition.
3. Failed to diagnose an illness in a timely manner or at all. The patient was never told about certain symptoms they should have been monitoring, or that further testing was needed.

Or the doctor:

1. Rushes through obtaining consent or pressures the patient to make a decision.
2. Does not provide an interpreter or translated materials when the patient doesn’t speak English fluently.

Instances like these have helped countless patients prove medical malpractice in a court of law. If something similar occurred, there’s a good chance a case exists.

What To Do If You Suspect Your Rights Were Violated

Thinking something isn’t right is never a good feeling. Especially when it comes to health.

But if there’s any suspicion that informed consent was never properly obtained, these are the steps to take:

Get ALL medical records. This includes signed consent forms, doctor’s notes from each procedure, any physician communication logs, and complete copies of all test results.

Write down everything remembered. What exactly was said? When did this take place? Who was in the room? Details that seem important can disappear quickly — get them down while they’re fresh.

Get a second opinion. Another medical professional can confirm whether or not the care received was up to par.

Speak with a delayed diagnosis attorney. Medical malpractice laws are different from state to state. So are statutes of limitations. Don’t let incorrect advice from a friend or family member cost you the case. Speak with a professional who knows what they’re doing.

Final Thoughts on Informed Consent in Healthcare

If all of this had to be boiled down to one short sentence — informed consent is about doctors being honest with their patients.

Doctors must inform patients of:

• All potential risks
• Treatment alternatives
• What happens if no treatment is given

Unfortunately, when it comes to delayed and missed diagnoses, skipping that simple conversation is what happens far too often.

Knowing patient rights is the first step in understanding what informed consent is — and how to spot when it wasn’t obtained properly.