Jackson LLP’s healthcare lawyers help physicians, physical therapists, and other medical providers understand their responsibility to obtain legally sufficient informed consent from patients. A provider who fails to obtain adequate informed consent can face professional liability and legal consequences.
Informed consent refers to the requirement that physicians and other providers who propose a medical treatment or procedure first discuss the potential risks, benefits, and alternatives of that treatment with the patient. The patient must have an opportunity to ask questions, and this conversation should be thoroughly documented. Ultimately, the provider must ensure that the patient has made an informed decision to proceed with (or decline) further treatment. Special considerations also apply for minor child patients and dependents.
Our attorneys work with providers to understand applicable Patient’s Bill of Rights, patient-protective legal requirements, professional ethics responsibilities, and more. One of the most common mistakes that providers make when obtaining informed consent is to request the patient’s signature on a form without engaging in a legally-sufficient conversation about the patient’s proposed medical procedure or treatment. (Visit our blog “Informed Consent Liability and Lawsuits: 3 Ways to Get Sued“, for details).
Jackson LLP commonly drafts informed consent forms for healthcare practices. We ensure that your practice forms and registration packets comply with your professional standards, ethical responsibilities, and state laws. Our healthcare attorneys create forms that will become tools in your practice. They guide your conversations and help ensure that you collect all legally required information.
Ready to learn more about how we can help streamline your practice? Schedule your free consultation online.