If you’re scheduled for any medical procedure—whether cosmetic, dental, or a major surgical operation—you will be required to sign a consent form. This document signifies that you agree to undergo the procedure. However, for your consent to be legally valid, it must be “informed consent”. This means that your doctor must provide you with all necessary information about the risks, benefits, and alternatives to the procedure so that you can make a fully informed decision.

Contrary to popular belief, doctors are not required to disclose every conceivable risk, including rare or minor risks. However, they must inform you about “common risks” as well as unusual but serious risks that could significantly impact your health. If there are alternative treatments available, you should also be informed about their risks and benefits—especially if the procedure being recommended carries a higher level of risk.

Why Your Medical History Matters

A crucial aspect of informed consent is the doctor’s responsibility to assess your medical history. Your personal and family medical background can influence your susceptibility to certain complications. By reviewing this information, your doctor can tailor their advice and warnings to your specific health profile. If they fail to do this, you might not be adequately informed of risks that are particularly relevant to you.

What Happens if Something Goes Wrong?

If a doctor fails to inform you of a significant risk that they should have disclosed before your operation, they may be in breach of their duty of care. This could mean that the consent you provided was not fully informed, potentially making them liable for medical negligence.

However, there are key distinctions to consider:

– Informed consent does not mean consenting to negligence. If you were warned about the risk of bleeding but a severe complication arose due to a doctor’s avoidable mistake—such as cutting an artery during surgery—this would not be considered a natural side effect of the procedure. Instead, it would be classified as medical negligence.

– Simply experiencing a complication does not automatically mean you can make a legal claim. You must prove that, had you been properly informed of the specific risk, you would have refused the operation or taken additional time to consider your options. Courts will often assess whether a reasonable person in your situation would have still gone ahead with the procedure despite the risk.

Building a Strong Medical Negligence Case

For a successful claim regarding lack of informed consent, a patient typically needs to demonstrate:

1. Failure to Disclose a Key Risk – The doctor did not adequately inform them of a significant potential complication before the procedure.
2. Personal Decision-Making Impact – Had they been properly informed, they would have declined the procedure or explored alternative treatments.
3. Actual Harm or Complications – The undisclosed risk materialized and led to physical or emotional harm.

Successful claimants often have medical records or prior evidence (such as refusal of previous surgeries) that support their claim that they would have declined the operation had they known about the risk.

The Legal Landscape of Informed Consent

Medical consent laws vary by country, but many legal systems have reinforced the importance of patient rights in recent years. High-profile court cases have set precedents that favor greater transparency between doctors and patients. Some legal trends include:

– Stronger patient autonomy – Courts increasingly side with patients who argue they were not given enough information to make an informed decision.
– Shifting burden of proof – In some jurisdictions, medical professionals must now prove they adequately informed patients rather than requiring patients to prove they were misinformed.
– Expanded patient rights – Many healthcare providers are legally required to document in detail what was disclosed to patients to prevent disputes.

Steps You Can Take to Protect Yourself

As a patient, you have the right to ask as many questions as needed before consenting to a procedure. To ensure you are fully informed, consider the following steps:

– Request detailed explanations – Ask your doctor about all possible risks, including less common but severe complications.
– Seek second opinions – Another medical professional may provide a different perspective on your treatment options.
– Document discussions – If possible, take notes during consultations or request written explanations of the procedure and its risks.
– Review alternative treatments – Ensure you are aware of all potential treatment options before making a decision.

Understanding informed consent is crucial for every patient undergoing medical treatment. While doctors are obligated to inform you of significant risks, taking an active role in your healthcare decisions can help safeguard your rights. If you believe you were not given enough information before undergoing a procedure that resulted in harm, you may have grounds for a medical negligence claim. Always seek legal advice if you’re unsure about your rights.