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Cleveland Malpractice Attorneys Protect Patients’ Rights to Obtain Informed Consent Before Procedures

Patients have the rights to be fully informed before treatment

Prior to performing any surgery or procedure, the patient is supposed to be given “informed consent.” Informed consent is the process in which the treating doctor discloses appropriate information to the patient, so that the patient can make an educated decision about whether to undergo treatment. Informed consent generally includes a discussion of the nature of the proposed procedure, surgery, or treatment; reasonable alternatives to the proposed action; and the relevant risks, benefits, and uncertainties of each alternative. The Eisen Law Firm in Cleveland has skilled personal injury attorneys you can speak to and discuss whether you were properly informed and offered consent to a procedure that a doctor performed on you.

Cleveland doctors improperly making decisions for you about your body and your well-being

Unfortunately, too often doctors fail to explain adequately the risks and benefits of a procedure. Sometimes this is because the doctor thinks the decision is clear. Sometimes, the physician arrogantly assumes the patient isn’t smart enough to understand the information. (In these cases, it is usually the doctor who isn’t smart enough or caring enough to explain it without using medical jargon.) On other occasions, the doctor involved simply doesn’t want to take the time to fully apprise the patient.

It is the duty of the physician to obtain a patient’s informed consent. Failure to fulfill this duty is medical negligence. In order to succeed in a case of medical negligence based on lack of informed consent, however, the patient must prove more than just a lack of informed consent. The patient must also show that if the doctor had disclosed all the risks and alternatives, a reasonable patient would not have agreed to proceed. Then the patient must show that one of the undisclosed risks actually occurred and the patient was injured as a result.

Malpractice occurs when doctors fail to explain the full risks of the procedures they perform

Many doctors understate the riskiness of the procedures they propose to perform. They might cite national statistics about a procedure’s complications, when they know full well that their own statistics are worse. Or, more frequently, they understate the risks because they are overconfident in their own abilities. Whatever the reason, patients often agree to procedures without a real understanding of the associated risks.

Although a doctor can be sued for not providing informed consent (a “stand-alone” informed consent claim), most often such claims are part of a bigger lawsuit that alleges other medical or surgical errors. At The Eisen Law Firm, we will take the time to discuss with you whether your case should include an informed consent claim.


Consult our Cleveland medical malpractice attorneys to discuss your rights after a doctor performs a procedure on you without obtaining informed consent

Our attorneys at The Eisen Law Firm strongly believe in protecting everyone’s right to make informed decisions before anyone performs a procedure on you. We serve clients in Cleveland, Lorain, Columbus, Toledo, Akron and all of Northeast Ohio. Call us today at 216-687-0900 or to schedule a free consultation.