People in Western Pennsylvania go to the doctor every day. There are many reasons people see the doctor and many times, fortunately, it is for preventive care or minor illnesses and injuries. However, no matter how routine or simple something may seem, there are risks associated with medications and medical procedures. Other procedures and surgeries come with much more serious risks, and further injury or illness, or even death could be an outcome.
Informed consent means obtaining consent after informing the patient of the elements of the procedure, the risks associated with it, and the reasonable alternatives according to accepted medical practice. If the doctor does not and something goes wrong and the patient suffers further injury, they may commit medical malpractice, and the patient could be entitled to compensation for the injuries.
However, the doctor is only liable for not providing the required information if the patient can prove that they would not have undergone the procedure if they had known the information prior to the procedure. The difference between negligence and malpractice often comes into question in these cases, as negligence refers to general carelessness, while malpractice involves a breach of a professional duty that causes harm.
If you or a loved one suffered harm due to a lack of informed consent, the Western Pennsylvania medical malpractice attorneys at Luxenberg Garbett Kelly & George P.C. can help. With a long history of winning substantial settlements and verdicts, we have the experience to fight for your rights. Contact us today at (724) 658-8535 to schedule a free consultation.
When Is Informed Consent Legally Required?
In Western Pennsylvania, informed consent is legally required before a physician performs medical procedures that carry significant risks. According to Title 28, Chapter 103 of the Pennsylvania Code, doctors must obtain a patient’s voluntary agreement after providing detailed information about the procedure and its potential consequences. The law specifically requires informed consent for surgery, anesthesia, radiation therapy, blood transfusions, chemotherapy, and experimental procedures. However, informed consent may also apply to other treatments depending on the risks involved.
Failure to obtain proper informed consent may lead to medical malpractice claims under Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act, but only if the patient can demonstrate that they would have refused the procedure had they been properly informed. Pennsylvania courts use a reasonable patient standard, meaning the lack of informed consent must have influenced the patient’s decision.
Physicians must provide patients with the necessary information to fully understand their options. The key elements of informed consent include:
- Detailed Explanation of the Procedure: Physicians must provide a clear explanation of the medical procedure, including its purpose, expected outcome, and the steps involved.
- Discussion of Risks and Benefits: Patients must be informed about all potential risks, complications, and benefits associated with the procedure or treatment, no matter how minor or severe.
- Alternative Treatment Options: Physicians must present all viable alternatives to the proposed treatment, including non-invasive methods or different medical approaches. Patients should understand how these alternatives compare in terms of risks and benefits.
- The Option to Decline Treatment: Patients have the right to refuse medical intervention, and physicians must explain the possible consequences of not proceeding.
- Anticipated Outcomes: The doctor should explain what the patient can reasonably expect after the procedure, including likely results and recovery details.
- Who Will Perform the Procedure: Identification of the medical professional responsible for the treatment, including their qualifications and role.
- Opportunity for Questions: Patients should have the chance to ask questions and receive answers before making a decision.
- Financial and Insurance Considerations (Optional) – While not legally required for informed consent, patients may benefit from understanding costs, coverage, and financial obligations, especially for elective procedures.
Informed consent is particularly critical for surgeries, experimental treatments, and procedures with significant risks. Pennsylvania law requires that consent be obtained directly by the physician performing the procedure, as confirmed in Shinal v. Toms (2017). Ignoring this requirement can lead to legal consequences, emphasizing the importance of transparency in patient care decisions.
Exceptions to informed consent apply in emergencies when a patient is unconscious, and immediate treatment is necessary to prevent serious harm. In all other cases, failure to obtain informed consent may result in legal consequences for medical malpractice.
If a doctor performed a procedure without your permission and you or your loved one suffered harm, our team of Western Pennsylvania medical malpractice attorneys at Luxenberg Garbett Kelly & George P.C. can help you seek justice. Call (724) 658-8535 for a free consultation and let our experienced medical malpractice attorneys fight for you.
| Procedure | Reason for Informed Consent | Possible Risks |
|---|---|---|
| Surgery & Anesthesia | Invasive, potential complications | Infection, bleeding, adverse reactions to anesthesia |
| Radiation & Chemotherapy | High-risk cancer treatments | Organ damage, fatigue, immune suppression |
| Blood Transfusion | Introduction of foreign blood | Allergic reaction, infection, iron overload |
| Inserting Surgical Devices | Implanting foreign objects in the body | Rejection, infection, device malfunction |
| Experimental Medication & Devices | Unproven treatments | Unknown side effects, potential failure |
