Medical procedures often involve some level of risk. Most people know and accept this risk when they seek out medical treatment. Regardless, all medical professionals have a duty to advise their patients of a procedure’s potential risks. Failing to do so can lead to issues of informed consent in medical malpractice, where patients are harmed due to a lack of proper disclosure.
This informational process is called “informed consent.”
When a healthcare provider fails to fully disclose the risks of a procedure, and a patient is injured as a result, the breach of informed consent in medical malpractice becomes a serious matter. In such instances, having a dedicated attorney by your side can be crucial in protecting your rights and pursuing the compensation you deserve.
What Is Informed Consent in Medical Malpractice?
The doctrine of informed consent revolves around the idea that patients should ultimately decide whether to proceed with a specific treatment after being properly informed of the treatment’s benefits and risks.
Informed consent requires a healthcare provider to disclose enough information about a treatment to allow a patient to consent to it thoughtfully.
The healthcare provider must allow the patient to discuss their concerns, and the patient must then agree to the treatment based on that information.
A lawsuit based on a lack of informed consent is considered a type of medical malpractice claim.
In other words, a person may file an informed consent medical malpractice claim if they were injured during a procedure and did not consent to it.
Lack of Informed Consent Medical Malpractice
The informed consent doctrine requires medical professionals to disclose to their patients all information concerning any proposed medical treatment for that patient that a reasonable healthcare provider would in the same or similar circumstances.
To succeed in an informed consent claim in Kansas, a patient must show the following:
- That the health care professional did not advise them of a material risk or danger related to a procedure;
- That an objectively reasonable patient would have declined treatment had a health care professional advised them of a material risk or danger; and
- That the undisclosed risk or danger occurred, resulting in harm to the patient.
It’s important to note that a healthcare provider’s failure to disclose information to a patient alone is not sufficient to establish liability.
In Kansas, a successful medical malpractice case must demonstrate a causal connection between the healthcare provider’s failure to provide material information and the harm the patient ultimately suffered.
Why Informed Consent Matters
Informed consent is more than a legal formality—it’s a cornerstone of patient rights and medical ethics.
When you agree to a medical procedure, you expect all risks, benefits, and alternatives to be clearly explained. This process empowers you to make decisions that are in your best interest.
When a healthcare provider fails to provide this crucial information, it violates ethical standards and can lead to significant harm. Patients who are not fully informed lose the ability to weigh the risks versus the benefits, potentially receiving treatments they might have otherwise declined.
At Dempsey Kingsland & Osteen, we understand that the breach of informed consent goes beyond physical injury. It can shatter the trust between patients and their caregivers, impacting your emotional and financial well-being.
Our role is to restore that trust by holding negligent professionals accountable and helping you fight for compensation for the physical and emotional toll you’ve suffered. In doing so, we not only seek justice for our clients but also help reinforce the ethical standards critical to quality healthcare.
Common Challenges in Proving Lack of Informed Consent
One of the most challenging aspects of an informed consent case is demonstrating that you would have made a different decision had you been properly informed. To succeed, you must show that:
- The healthcare provider failed to disclose a material risk,
- That disclosure would have influenced your decision, and
- This failure directly resulted in your injury.
Gathering the necessary evidence can be complex. Medical records, expert testimony, and witness accounts all play a vital role in establishing a clear causal link between the lack of information and the harm you experienced.
Our team has extensive experience working with medical experts who can testify to the standard of care and determine whether it was breached in your case. We know what questions to ask and what documents to request, ensuring no stone is left unturned in your pursuit of justice.
Despite these challenges, our proven track record in handling complex medical malpractice cases, including those involving informed consent, demonstrates that even the most difficult cases can be won with the right approach and skill.
Frequently Asked Questions about Informed Consent Cases
Below, we answer common questions about informed consent medical malpractice cases. We aim to provide clarity, confidence, and the insights you need as you navigate this complex legal process.
What Is Informed Consent?
Informed consent is the process by which a healthcare provider educates a patient about the risks, benefits, and alternatives of a proposed treatment, ensuring that the patient can make an informed decision about their care.
How Do I Know If I Have a Valid Informed Consent Claim?
If you experienced an injury that you believe would have been avoided had you been fully informed about the risks of treatment, you might have a valid claim. The key is proving that the lack of disclosure directly contributed to your harm.
What Kind of Compensation Can I Expect?
Compensation in informed consent cases may cover medical expenses, lost wages, pain and suffering, and other related damages. Our goal is to secure a settlement that not only addresses your current needs but also provides for your long-term recovery.
How Long Do I Have to File a Claim?
Legal deadlines for medical malpractice cases vary by state, depending on whether it occurred in Missouri or Kansas. It is important to consult with an experienced attorney as soon as possible to ensure your claim is filed within the appropriate time frame and you do not miss any other deadlines.
Let Dempsey Kingsland & Osteen Handle Your Informed Consent Case
If medical negligence or a lack of informed consent injured you or a loved one in Kansas, the skilled legal advocates at Dempsey Kingsland & Osteen can help.
As Kansas City’s leading medical malpractice and injury firm with over 100 years of combined experience, we’ve handled numerous cases involving lack of informed consent.
We genuinely care about our clients, which is the reason we always push for a comprehensive settlement that includes money for your long-term needs and requirements.
Our advocates will stand up for your rights and demand the compensation you deserve for your informed consent case. Call (816) 484-3776 today for a free consultation.
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