Patients in Baton Rouge and elsewhere must give consent before undergoing certain medical treatments or procedures. However, doctors must ensure patients are fully informed about the proposed treatment and that all their questions were answered in a language they understand. Patients must sign written informed consent forms before doctors proceed, failing which could lead to medical malpractice lawsuits. These are the informed consent components to meet.
Decision-making capacity
The following make up a crucial part of giving informed consent:
- The patient must understand the available medical options.
- The patient must understand the consequences or potential consequences of each option.
- The patient must be able to evaluate the benefits and personal cost of the consequences.
Disclosure by care providers
Before a patient can give informed consent, full disclosure by the doctor is required as follows:
- The doctor must provide enough information to allow informed decision making.
- The risks and benefits, along with their probability must be explained.
- Any questions by the patient must be answered and explained.
- Explanations must be in terminology and language that the patient understands.
Document information
Before signing the form of informed consent, the following must be clear and included in the document:
- The patient must understand the medical condition for which tests, procedures or treatments are suggested.
- The patient must understand the benefits and purpose of the suggested tests, procedures or treatments.
- The patient must understand any potential adverse events and possible complications.
- The doctor must fully disclose available alternative tests, procedures or treatments, along with their risks and benefits.
- The patient must understand the consequences of a choice not to give consent.
- The doctor and the patient, or parent if the patient is a child, must sign the consent form.
The civil justice system of Louisiana allows victims of medical malpractice or medical negligence to pursue financial relief. This is a complicated field of the law, but successfully presented lawsuits might lead to the recovery of monetary damages.
