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 or treatment’s potential risks, including all the information a patient needs to make a thoughtful decision about their care.
This informational process is called “informed consent.”
When a medical professional neglects this duty and performs a procedure that injures a patient, that medical professional may be liable for medical malpractice/medical negligence.
What Is Informed Consent 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 a 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 medical malpractice 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, successful medical malpractice informed consent cases must show a causal connection between the healthcare provider’s failure to provide material information and the harm a patient ultimately suffered.
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 lack of informed consent cases.
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.