Informed Consent and the Right to Refuse Treatment

Patients in Texas have the right to be in charge of their own health care. This includes the right to give their informed consent before undergoing any type of medical procedure, as well as the right to refuse treatment. If a patient is not properly informed, he or she cannot legally give consent. If the patient then suffers serious health complications from a procedure he or she did not officially consent to, this can provide grounds for a San Antonio medical malpractice claim.

What Is Informed Consent in the Medical Industry?

Informed consent describes a part of a patient’s medical care where he or she receives all relevant information about a recommended treatment or procedure, including its benefits, risks and alternatives, and either consents to it or refuses treatment. Proper information is necessary to uphold a patient’s fundamental right to give informed consent. To obtain informed consent, multiple requirements must be met:

• A competent health care provider supplies the patient with basic information about his or her prognosis, how the procedure works, and what to expect.
• The provider discusses all potential advantages and drawbacks connected with the procedure, including possible risks and side effects.
• The provider lists alternatives to the procedure, including holistic remedies, less invasive options and no treatment.
• The provider answers any questions or concerns the patient has with accurate and up-to-date information.
• The patient is of sound mind (mentally capable of making a decision) and able to understand the language used by the provider, or is offered a translator.
• The patient voluntarily gives his or her express or implied consent to go through with the medical procedure, without fraud, misrepresentation, duress or coercion.

Laws regarding informed consent are in place to protect patient autonomy and allow patients to remain in charge of their own health care decisions. Even if refusing treatment will likely result in harm or death, it is a patient’s right to do so, if desired, after learning all the facts.

Exceptions to the Rule

There are limited circumstances where a doctor or surgeon does not need a patient’s informed consent before beginning a medical procedure. In emergency situations, for example, where the patient is incapable of speaking or providing consent, physicians can carry out life-saving treatments without consent. Public health risks surrounding infectious diseases can also fall outside of informed consent laws.

What Happens When Informed Consent Is Not Obtained?

If a physician does not get a patient’s informed consent prior to a procedure, and the patient suffers harm as a result of the treatment, the patient may have the right to file a medical malpractice claim to seek justice for this legal violation. The same is true if a patient was unable to exercise his or her right to refuse treatment. A malpractice action can hold a health care provider – including an individual or facility – accountable for breaching the medical industry’s standards of patient care.

If a lack of informed consent led to harm, including physical injuries, health complications, a worsened prognosis, emotional distress or wrongful death, the patient can file a claim in pursuit of financial compensation. To discuss a potential lack of informed consent case in Texas, contact Maloney & Campolo for a free initial consultation with an experienced attorney in San Antonio.