Did you know that one person shall not intentionally touch another without consent as per the law? In fact, that applies to the law against assault and battery. Nevertheless, when it comes to medical procedures, the medical staff will have to touch you and that’s obvious. Medial professionals must be given permission to carry out the medical procedure which will involve touching.
In most of the cases, the patient will require to put their signature on a specific form that comprises of essential information. The information will be reviewed by the doctor and discuss it verbally. The doctor also will sign the same form. Well, this is what expresses consent is. Implied consent, on the other hand, is the understanding of the process of treating a pretty dangerous health issue that can occur in the middle of the primary treatment. Heart failure is a clear example of that.
In general, parents may have to consent to the procedures that are carried out on their under-aged children (below 18). However, doctors are supposed to act even without consent during an emergency.
Lack of informed consent
In general, you will be able to claim medical malpractice if it is associated with the following scenarios.
- The patient is unaware of the treatment through which he is injured.
- Had the patient been informed, the respective injury would not take place as the treatment would have been declined.
There are several things to consider before filing a medical malpractice lawsuit based on the lack of informed consent. To learn all those instances, you should consult your medical malpractice lawyer prior to any serious medical procedure. If you are already experiencing such an issue at the moment, it is important to act as soon as possible because you may have to act under some time limit as well. Keep that in mind and contact your lawyer right now before its too late.
This article provided by Wagners Personal Injury Lawyers in Halifax
1869 Upper Water St, Suite PH 301
3rd Floor, Pontac House
Halifax, NS, B3J 1S9 Canada