When you seek medical care, whether for a routine procedure or a complex surgery, you trust that your healthcare provider will explain any risks, benefits, or treatment alternatives so that you can make the best decision for your health.

This exchange of information is known as informed consent, and it is a cornerstone of modern medical practice. When informed consent is lacking or the information provided is inadequate, patients may suffer preventable harm, which can lead to medical malpractice.

Understanding what informed consent means, why it matters, and how it affects your legal rights is crucial, especially if you believe you or a loved one has been injured due to a healthcare provider’s negligence.

What Is Informed Consent?

Informed consent occurs when a healthcare provider, such as a physician, physician assistant, nurse practitioner, registered nurse, or any other healthcare professional, provides a patient with the necessary information to make an informed decision about a proposed treatment or procedure. Patients have the legal right to make decisions about their own medical care. For that right to be meaningful, they must have the information necessary to make an informed choice.

Informed consent is an honest discussion and a clear understanding between the provider and the patient.

The conversation regarding informed consent typically includes:

Explanation of the diagnosis
Description of the recommended treatment or procedure
Discussion of potential risks and complications
Benefits and expected outcomes
Reasonable alternatives, including opting out of treatment
Opportunity for the patient to ask questions

Many providers will require their patients to sign a form stating that they have discussed the treatment options and feel equipped to make an informed decision about their medical care.

Why Is Informed Consent So Important?

Every medical treatment involves some level of risk. What matters is whether the patient understands the risks before proceeding with treatment. Informed consent protects patients by ensuring:

Autonomy Over Medical Decisions

Patients always have the final say over what happens to their bodies. Informed consent ensures individuals can exercise that autonomy freely and fairly.

Transparency Between Provider and Patient

Honest communication between a patient and their provider builds trust, helps prevent misunderstandings, and promotes safer medical care.

Accountability in the Healthcare System

When providers fail to disclose known risks of a treatment or procedure, they undermine the ethics of medical practice and put patients at unnecessary risk.

How Lack of Informed Consent Leads to Medical Malpractice

A medical malpractice claim arises when a provider’s negligence causes injury. In some cases, the problem hinges on informed consent. It’s not necessarily that the provider made a mistake during the procedure; instead, it’s that the patient was not adequately informed about the known risks or alternative treatment options before agreeing to proceed with the chosen treatment option.

To succeed in a lack-of-informed-consent claim, a patient generally must prove:

The provider had a duty to disclose certain risks or alternatives.
The provider failed to disclose information that a reasonable patient would want to know.
The patient would have declined the treatment if they had been adequately informed.
The patient was injured as a result of the undisclosed risk.

For example, if a surgeon fails to warn a patient about the risk of nerve damage associated with a particular type of surgery and the patient later suffers nerve injury as a result of the procedure, the lack of complete information may serve as grounds for malpractice, even if the surgeon performed the procedure correctly.

Common Situations Where Informed Consent Is an Issue

Not every case of medical malpractice can be attributed to a lack of informed consent. However, the following scenarios can raise red flags:

Failure to Disclose Known Risks

If a doctor fails to mention a significant, possible, or known complication associated with a treatment, and the patient proceeds with the treatment, the patient has grounds to say that they did not make an informed choice.

Rushed or Incomplete Conversations

Handing a patient an informed consent form moments before surgery, or failing to allow the patient to ask questions about the procedure or alternative options, is not adequate informed consent.

Misrepresentation of Benefits or Alternatives

If a provider oversells a treatment, downplays its risks, or fails to address other possible treatment options, the patient’s consent is not truly informed.

Performing a Different Procedure Than Discussed

Unless it is a true emergency, a doctor cannot conduct an unapproved procedure, as this is typically considered a violation of the patient’s rights.

Exceptions to Informed Consent Requirements

In most cases involving healthcare, the patient’s informed consent for care is required. However, there can be some exceptions:

Medical Emergencies: If a patient is unconscious or unable to consent, but immediate action is necessary to save their life, the law allows providers to proceed with care. It’s typically assumed that the patient would consent to the treatment if they were able.
Incapacity Without Proxy: When no legal decision-maker is available and treatment cannot be delayed, providers have legal room to treat without completing the standard informed consent process.
Therapeutic Privilege: While rare, providers can encounter cases where disclosing certain information about a treatment or procedure might seriously harm the patient’s mental or physical health. However, this exception is considered controversial and has a strictly limited scope.

Even when exceptions apply, healthcare providers must still act skillfully and ethically, providing—at a minimum—a reasonable standard of care for the patient.

What Are Georgia’s Informed Consent Laws?

Georgia law recognizes a patient’s right to informed consent and outlines specific circumstances where written consent is required.

For instance, providers in Georgia must ensure informed consent for:

Surgical procedures
Administration of certain anesthesia
Use of experimental treatments
Procedures with known significant risks

In medical malpractice lawsuits, Georgia follows the “reasonable patient” standard, which examines what a typical patient would want to know, not necessarily what the physician thinks is important.

Can a Medical Malpractice Attorney Help in an Informed Consent Case?

Claims involving inadequate informed consent can be complex, as medical records, expert testimony, and nuanced legal standards all play significant roles in the case. It takes a skilled legal team to comb through the relevant documents, gather testimonies, analyze evidence, and understand your rights within the parameters of the law to help you receive the compensation you deserve.

An experienced medical malpractice attorney can:

Review your medical records and consent forms
Consult with medical experts
Determine whether required disclosures were made
Establish whether you would have declined treatment if properly informed
Build a strong case for damages, including medical bills, lost wages, and pain and suffering

At Clark, Smith & Sizemore, our medical malpractice lawyers have decades of experience holding negligent healthcare providers accountable and helping injured patients recover financially.

Are You Concerned About Informed Consent? Contact the Medical Malpractice Attorneys at Clark, Smith & Sizemore in Macon, GA, Today: 478-254-5040

If you believe you were medically injured because a healthcare provider failed to explain the risks of a treatment or procedure, you may have a valid medical malpractice claim based on lack of informed consent. The team at Clark, Smith & Sizemore serves clients throughout Macon and Middle Georgia and is ready to evaluate your case and explain your legal options.

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