What Does Informed Consent Mean for Medical Procedures?

Before undergoing any medical procedure, it’s vital to understand the risks, benefits, and potential drawbacks of treatment. Lack of informed consent from a patient can result in serious consequences for their health and well-being.

Led by Paul M. da Costa, our medical malpractice attorneys at Sarno da Costa D’Aniello Maceri Webb LLC help clients in New Jersey navigate complex medical malpractice claims. Here, we discuss what informed consent is, why it’s so important, and how to protect your rights.  

What Is Informed Consent?

A fundamental ethical and medical principle, informed consent is intended to ensure patients undergoing medical procedures are fully aware of the benefits, risks, and alternatives before making a decision about whether to proceed with treatment. Informed consent is more than merely a formality – it protects patients’ rights, builds trust with healthcare providers, promotes patient autonomy, and empowers them to make well-informed decisions regarding their health.

Legal Aspects of Informed Consent

Patients have the right to bodily autonomy and to determine their own medical treatment. Key legal issues that informed consent addresses include:

• Written or verbal consent before medical interventions such as surgical procedures and cancer treatment
• The requirement of healthcare providers to disclose all relevant information about a procedure or treatment
• The patient’s right to withdraw consent at any stage
• Special considerations for vulnerable populations, such as those with special needs, minors, and people with cognitive impairments.

Lack of informed consent before treatment can result in serious legal consequences. If you believe informed consent was not provided before a procedure or treatment, our medical malpractice lawyers in New Jersey can evaluate your case and determine whether you have a viable claim.

Elements of Informed Consent

Proper informed consent must include the following elements:

• Disclosure – Healthcare providers must offer detailed information about a procedure or treatment. This includes its purpose, risks, benefits, and alternatives.  
• Comprehension – Patients must understand the information provided by healthcare professionals. In some cases, this may require the use of visual aids or language presented in layman’s terms.  
• Willingness – A patient’s decision to accept or deny treatment must be made without coercion or undue influence.
• Competence – A patient must have the mental capacity to make an informed decision.
• Documentation – Typically, a signed consent form provides evidence that informed consent was properly given and that a patient agreed to treatment.  

Challenges in Obtaining Informed Consent

Although healthcare providers have effectively addressed some roadblocks to providing informed consent, several issues can lead to murky legal situations, including:

• Language barriers – Patients who don’t speak English as a native language may struggle to understand medical explanations. Healthcare providers that receive federal funding are legally required to provide interpreters for patients with limited English proficiency to ensure effective communication and access to care. In addition to providing legal services in English, our medical malpractice attorneys offer counsel in Portuguese and Spanish as well.
• Health literacy – Some patients may not have the necessary health literacy to understand complex medical concepts.
• Emotional distress – Patients in emergency situations or highly stressful circumstances may be too distraught to process information given to them.
• Cultural differences – Cultural beliefs can impact how patients perceive informed consent and their understanding of medical procedures.
• Limited time – When healthcare providers feel pressured to obtain informed consent quickly, they may not fully explain the risks, benefits, and alternative treatments to patients.

Exceptions to Informed Consent

Although informed consent is a standard in healthcare, there are situations in which it may not apply, including:

Emergencies

When immediate medical intervention is necessary to save a patient’s life or if they are incapacitated and there is no time to obtain consent, informed consent may be waived. For example, administering CPR to someone who’s been hurt in a car accident. 

Therapeutic Privilege

Although it’s rare, a doctor may withhold certain information if disclosing it could cause significant psychological harm that prevents a patient from making rational decisions.  For instance, not informing a patient with extreme anxiety of a low-risk complication, if doing so would keep them from undergoing a necessary medical procedure.

Public Health Mandates

Some medical treatment may be performed without consent if required by law for the interest of the public health. Some examples include mandatory vaccinations or quarantines to prevent the spread of infectious diseases. 

Lack of Capacity

Patients who are mentally incapacitated may not be able to give informed consent. In this case, a healthcare proxy or legal guardian may provide consent. If no representative is available, a healthcare provider may be able to administer treatment according to state laws This usually applies to people with developmental challenges, dementia, or someone under heavy sedation.

Routine Medical Care and Implied Consent

For minor, non-invasive procedures, consent may be implied by the patient’s actions, such as rolling up a sleeve to let a nurse draw blood.

Court-Ordered Medical Treatment

A court may mandate a medical procedure if a patient refuses treatment but poses a danger to themselves or others. For example, requiring a person with severe mental illness to take medication to protect themselves and others.

How Our New Jersey Medical Malpractice Lawyers Can Help

If you’ve suffered harm due to a lack of informed consent, it’s vital to hire a medical malpractice attorney with extensive experience in medical malpractice law.

Paul M. da Costa and his medical malpractice team understand the unique challenges of claims involving lack of informed consent. We know how to gather relevant evidence and work closely with medical experts to demonstrate that a healthcare provider failed to obtain proper consent or disclose risks and alternatives to offered treatment. Proving that negligence led to harm is challenging, and New Jersey medical malpractice law adheres to strict processes, standards, and deadlines for filing claims, so it’s crucial to contact an attorney as soon as possible if you’ve been injured or have lost a loved one.  

We handle all communications and negotiations with insurance companies and fight to help you obtain the full amount of compensation you deserve for your medical bills, lost wages, pain and suffering, and other damages. If a reasonable settlement can’t be reached, Paul is a certified civil trial attorney  who will fight for your rights and interests in court.

Our team has recovered substantial seven-figure verdicts and eight-figure settlements for medical malpractice clients in New Jersey. Our medical malpractice lawyers provide compassionate, tenacious legal representation with no up-front costs. We get paid only if we win your case.

Contact Our Medical Malpractice Attorneys to Learn More About Informed Consent in New Jersey

If you’re considering filing a medical malpractice claim due to lack of informed consent, the medical malpractice lawyers at Sarno da Costa D’Aniello Maceri Webb LLC can help. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. Our lack of informed consent lawyers serve clients in several convenient locations, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.