Failure To Obtain Informed Consent Common Factor In Issaquah Medical Malpractice Claims
Medical providers are often held on a pedestal and command respect based on their education, skill, and the valuable services they provide. However, just like with every other person, they are capable of making mistakes.
Unfortunately, considering the types of situations they deal with every day on the job, when mishaps do occur they can cause serious harm to patients. Our Issaquah medical malpractice attorney explains what it means to obtain informed consent and how failure to do so is a common factor in Washington State malpractice claims.
Medical Providers Legally Required To Obtain Informed Consent
When treating patients for injuries, illnesses, or chronic health conditions, communication is important. This should include things like making sure your chart is completed properly, allowing adequate time for visits, taking symptoms seriously, and obtaining informed consent. Informed consent means providing patients with detailed information about the following:
- Their current condition and any possible diagnosis;
- The course of treatment the doctor recommends and the expected outcome;
- The potential risks and side effects that could result from the treatment;
- What is likely to happen if the patient refuses to undergo the recommended care.
Under the Washington State Code (RCW 7.70.030), medical providers have a legal duty to obtain informed consent before providing testing, medications, or any type of medical care. Failure to do so violates patient rights. In the event adverse events happen that impact the patient’s health, the medical provider can be held liable in a Washington State medical malpractice claim.
Controversy Over Informed Consent In Washington And How It Impacts Patients
The American Medical Association (AMA) cites a court case that went before the Washington State Supreme Court, which would have created new rules regarding informed consent. The case, which is still being contested, would have potentially required doctors and other providers to not only warn patients about the potential risks of different courses of treatment but also about their possible diagnosis.
The new and debated guidelines would have tightened requirements for medical providers in regard to all possible patient diagnoses, based on their current symptoms rather than just on the doctor’s opinion. While the issue continues to be disputed, it is important for patients to take steps to protect themselves:
- Report any symptoms to your doctor right away;
- If you receive a diagnosis, ask the doctor how they reached it;
- Make sure you are aware of any potential side effects that could result from testing, treatment, and medication;
- Ask your doctor about their prognosis, based on whether or not you undergo the treatment;
- Make sure any potential risks are put in writing.
Speak With Our Issaquah Medical Malpractice Attorney
Did you suffer adverse effects as a result of your medical care? Did your doctors fail to make you aware of potential risks? At Injury Law Group NW, we help you hold them accountable. To speak with our Issaquah medical malpractice attorney, call or contact our office online and request a consultation today.
Sources:
app.leg.wa.gov/rcw/default.aspx?cite=7.70.030#:~:text=(3)%20That%20injury%20resulted%20from,a%20preponderance%20of%20the%20evidence.
ama-assn.org/practice-management/sustainability/washington-s-high-court-considers-new-meaning-informed-consent
