The Role of Informed Consent in Surgical Malpractice Cases
Undergoing surgery always comes with some level of risk, but patients have the right to be fully informed before making a decision about their medical treatment. In Georgia, informed consent is a critical legal and ethical requirement in medical practice. When a doctor fails to properly inform a patient of the risks, benefits, and alternatives of a surgical procedure, and the patient suffers harm as a result, it can lead to a surgical malpractice claim. That is where The Spizman Firm comes in to help.
What Is Informed Consent?
Informed consent is a legal and ethical obligation requiring doctors to provide patients with enough information to make an educated decision about their medical care. Before performing a surgery, a doctor must explain:
- The nature and purpose of the procedure
- Potential risks and complications
- Possible alternatives, including non-surgical options
- The expected outcome and recovery process
A patient must voluntarily agree to the procedure based on this information. If a doctor fails to disclose critical risks or performs a surgery without proper consent, it can form the basis for a medical malpractice claim.
When Lack of Informed Consent Leads to Malpractice
Not every complication from surgery constitutes malpractice, but if a patient was not properly informed of potential risks and suffers harm from an undisclosed complication, the doctor may be liable. Some common scenarios where lack of informed consent can lead to a malpractice claim include:
- Failure to explain serious risks – If a surgeon does not inform a patient about a known risk that later occurs, the patient may have grounds for a claim.
- Performing a different procedure than agreed upon – If a surgeon performs a procedure beyond what the patient consented to (except in emergencies), this may be malpractice.
- Misrepresenting success rates – If a doctor provides misleading or false information about the likelihood of a successful outcome, it could be a violation of informed consent.
- Failing to disclose alternative treatments – If there are safer or less invasive alternatives and the doctor fails to disclose them, this may be grounds for legal action.
Exceptions to the Informed Consent Requirement
There are limited circumstances where a doctor may perform a procedure without obtaining informed consent, including:
- Medical Emergencies – If a patient is unconscious or unable to provide consent in a life-threatening situation, a doctor may act in their best interest without formal consent.
- Patient Waiver – In some cases, a patient may waive their right to full disclosure, but this must be documented.
Proving Lack of Informed Consent in a Malpractice Case
To succeed in a surgical malpractice claim based on lack of informed consent, the patient must prove:
- The doctor failed to disclose a significant risk, alternative, or expected outcome.
- The patient would not have agreed to the procedure if they had been fully informed.
- The patient suffered harm due to the undisclosed risk or unnecessary procedure.
Legal Help for Surgical Malpractice Cases in Georgia
If you or a loved one has suffered complications due to a lack of informed consent before surgery, you may have a medical malpractice claim. At The Spizman Firm, we represent clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact our Atlanta Surgical Malpractice Lawyers today for a consultation to discuss your case.
