What is Informed Consent to Medical Treatment in Halifax, Nova Scotia?

Informed Consent to Medical Treatment in Halifax Nova Scotia medical malpractice claims.

Hi there. I’m medical malpractice John McKiggan. If you have to undergo a medical procedure you need to know what ïnformed consent is and what impact it may have on your medical malpractice claim.

Consent to Medical Treatment
Everyone has the legal right to decide what can be done with his or her own body. This is called autonomy. Because of this legal right, your doctors need your permission, (the legal term is consent) before they can treat you.
What is informed consent?
You can only give valid permission if you are provided with all the information that is necessary to make a decision about the proposed medical treatment. It is not acceptable for your doctor to simply ask if he or she has your permission to perform a medical procedure.
You must be able to understand the reasonable and foreseeable consequences of giving permission (consent), or not giving permission, for the medical procedure.
It is generally accepted that in order to provide proper permission for medical treatment your doctor must explain:
• The nature of the proposed medical procedure;
• The reasonable alternatives to the proposed medical procedure; and
• The relevant risks, benefits, and uncertainties related to each alternative.
Your permission or consent may be expressed in words or implied by your actions. For example, when you are undergoing a surgical procedure your doctor will usually get you to sign a consent form as part of the consent process to confirm your permission to perform the medical procedure.
Any medical procedure that is performed without proper informed consent is deemed to be an assault. The doctor who performed the medical procedure will be responsible for any injury suffered by the patient as a result of the medical procedure.
Unfortunately, it is very difficult to win medical malpractice cases involving allegations of informed consent. Often the question of whether the risks were properly explained to the patient boils down to the doctor’s word against the patient.
In most of the reported medical malpractice cases across Canada, judges and juries tend to favour the doctors word, unless there is clear evidence to support the patient’s version of events.
Therefore, it is important to document the consent process by making notes of any discussions that you have with your doctor before you undergo a medical procedure. Particularly any discussion you have with your doctor about the risks, benefits and alternatives of the proposed medical procedure.
If you want more information about Medical malpractice claims call us for your copy of Health Scare: The Consumer’s Guide to Medical Malpractice Claims. This public legal education guide contains everything you need to know to protect your rights if you think you or a family member has been a victim of medical malpractice. The book is for sale on Amazon but we will send you a copy, at no charge, if you call us at 902-423-2050 or go to www.healthscarebook.ca
http://www.apmlawyers.com

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