Complaint Medical Regarding Procedure Without Patient Consent
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FAQ
The legal term for failing to obtain informed consent before performing a test or procedure on a patient is called battery (a form of assault). For many types of interactions (for example, a physical exam with your doctor), implied consent is assumed.
An example of failure to give informed consent occurs when a doctor gives the patient a written consent form, but fails to explain the medical conditions or jargon the form refers to, or the risk of complication or death from a procedure.
A claim of lack of informed consent usually accompanies an allegation of medical malpractice for wrongful diagnosis or treatment. It differs importantly from malpractice in not requiring that the treatment be a departure from the standard of care.
Describe in detail the situation that occurred The more detail you can provide, the more seriously your complaint will be taken. Detail also helps hospital personnel reconstruct the chain of events that resulted in your negative experience. Try to stick with the facts without ascribing motives to people's actions.
When a physician fails to obtain informed consent from a patient who would not have opted to undergo a particular treatment with full knowledge of the risks, the patient may have grounds to sue the physician for malpractice based on the lack of informed consent.