However, the surgeon is not permitted to presume that the patient would have selected certain treatment if there had been ample time to obtain the consent of the patient without health risks or hardship to the patient. Demonstrating that a physician or surgeon failed to obtain informed consent is not enough. There must be some causal relationship between the lack of informed consent and the ultimate injury to the patient. The patient must demonstrate that had they been informed properly, the would not have consented to the medical treatment and that their medical outcome would have been different. This is only the tip of the iceberg as far as informed consent.
Informed consent is a hotly contested issue in the courts.
Various state courts differ in their findings. So don't make a decision on informed consent, or for that matter any medical malpractice issue, without speaking with an experienced medical malpractice trial lawyer in your area. Ask an expert or become an expert . Post your questions and help others on the Web's most active legal message boards. Click here for details on our Full Disclaimer and Terms of Service.