The reality of medical procedures, whether routine or complex, is that they carry some level of risk. Before consenting to any medical procedure, patients have a right to be informed about potential complications.
It can be frustrating for patients to experience side effects following treatment if they weren’t aware such risks existed. They may wonder if this oversight on the part of their healthcare provider could constitute medical malpractice.
What is informed consent in the medical field?
When a healthcare provider recommends a medical procedure to a patient, the patient should give informed consent before undergoing the treatment. For a patient’s consent to be informed, their doctor must have explained:
- The nature of the procedure so the patient knows what it entails and why it’s necessary
- Potential risks and side effects, including common and rare complications
- Alternative treatments that the patient might consider
This process helps ensure that patients actively participate in their treatment and make knowledgeable decisions about their care. Unfortunately, some doctors may only discuss common and severe risks with patients. So when a patient experiences extremely rare complications that the doctor didn’t mention, it’s easy for them to feel frustrated and betrayed.
In such instances, affected patients may wonder if they have legal recourse against their healthcare provider. A healthcare provider who didn’t warn their patient about all potential risks may have breached their duty of care. However, not all omissions that a doctor makes during consultation amount to medical malpractice.
Courts often evaluate whether the rare medical complication is significant enough. In this case, a reasonable healthcare provider would be expected to tell their patient about it before the procedure. For instance, if a side effect, though rare, could result in long-term disability, a doctor might be required to disclose it.
Patients who are experiencing side effects they did not anticipate from a medical procedure should consider enlisting rigorous legal support. This way, they can establish if their healthcare provider can be held accountable for failing to warn them.
