Informed Consent Laws

Informed consent is the process by which you are kept fully informed about your healthcare choices. For a medical practitioner to obtain complete informed consent, he or she first needs to conduct a discussion with you of things including:

  • The nature of medical findings and related procedures
  • Any alternatives to the recommended procedure
  • Risks, benefits, and uncertainties related to a treatment option

In this discussion, a healthcare provider must make sure you fully understand their recommendations and all of your options, and that you accept their findings and wish for them to proceed. When a medical provider fails to obtain informed consent, you have a right to file a medical malpractice lawsuit if you suffer an injury as a result of your treatment.

In the state of Pennsylvania, if you have signed an informed consent document, you have waived your right to seek compensation for injuries that may occur from a procedure. However, in many cases, no documents are signed and informed consent is simply assumed on the part of a physician. If you have not signed your consent and do not believe you gave verbal consent, one of our medical malpractice attorneys can investigate your claim, help prove medical negligence, and fight to get you fair compensation.