Did you know that a doctor is required to fully inform a patient of all the risks involved with a medical procedure or treatment before deciding to perform that procedure or treatment on the subject? That way, the physician can be sure that the patient understands the risks associated with whatever medical situation is being performed. This is called "informed consent" and is a requirement in all medical situations. If a doctor is not able to receive informed consent from a patient, then he or she cannot perform the procedure as planned. If you were not given the right to informed consent and were injured as a result, then you can sue for medical malpractice.

In most medical circles, informed consent is necessary because there are built in risks with whatever situation is at hand. It is the doctor's express responsibility to talk the patient about any side effects, risks, and the percentages that those risks could occur. The process of providing essential information to the patient and getting the patient's agreement is the informed consent. Sometimes, the side effects and risks of a procedure are listed in a sort of contractual document, but most of the time the doctor will explain them verbally as well.

When the patient signs the consent form, it means that he or she is acknowledging that he or she is aware of any dangers associated with the treatment that is about to take place. Still, just because you signed the form does not mean that you don't have the right to seek compensation. This is because a doctor is supposed to discuss the procedure and the risks with a patient one-on-one in most situations. If the physician fails to communicate clearly, takes advantage of a patient, or motivates the patient to undergo a risky procedure unaware of some of the dangers, then this can be grounds for a lawsuit.

You can also seek compensation on behalf of a loved one who may not have been in a state to comprehend the doctor's discussion, and consented out of confusion. A patient must be fully informed, or have a mentally stable representative make the decision about the procedure for him or her. A doctor cannot possible tell a patient every possibility regarding a procedure, as some of the risks may be unknown. Still, the physicians are supposed to discuss any risks that are important. To determine what side effects or possible adverse effects are important, the court normally asks two questions.

First of all, the courts will ask whether or not other doctors have disclosed the risk which is under dispute. If other phsyicians mentioned this risk in their implied consent discussions, then chances are that it is important. The doctor who is being sued will probably hire an expert to argue that any other competent doctor would not have disclosed the risk that occurred, so you and your lawyer will want ot be prepared to counter this argument. Secondly, the court must determine whether or not the patient would have made a different decision if properly informed of the risk.

If the patient would have still submitted to the procedure, chances are that the issue is not "important." If that would have been a deal breaker, then there is likelihood that the factor will be considered important. Within the realm of implied consent, each state has its specific laws. You should hire a lawyer who lives near you to litigate in your medical malpractice case if you believe that you were wronged in the area of implied consent.