Deciding to go to a healthcare provider for medical care is the first of many decisions you will have to make with regards to your care. Before a Hawaiian healthcare provider can diagnose, test for, or treat any medical conditions you may have, they have a legal obligation to obtain informed consent from you.
What is informed consent?
Simply asking a patient whether it is ok to perform a surgery is not considered informed consent. The medical professional must first provide information in a way that the patient can under5stand. Typically, the medical professional will provide information regarding:
- The patient’s diagnosis.
- An explanation of the recommended procedure or treatment.
- Expected outcomes of the procedure or treatment.
- Possible risks of the procedure or treatment.
- Alternative options.
Once the above information is provided, the medical professional will ask the patient to consent to the next steps. In many cases, the patient will have to sign a form to provide written consent.
In cases where the patient does not have the capacity to make decisions about their own medical care, the healthcare provider must provide the necessary information to the patient’s legal guardian so that they can consent on behalf of the patient.
There are also several exceptions to the informed consent requirement. For example, medical providers generally do not need the patient’s consent if the situation is an emergency and there is no time to get consent.
Filing a medical malpractice claim for lack of informed consent
Patients have the right to make informed decisions about their medical care. If a medical provider fails to obtain your informed consent and you suffer harm as a result of the treatment, you may be able to file a claim against them for medical malpractice. You will have to establish that you would have refused the treatment if your medical provider had given you a complete and accurate picture of the treatment beforehand.