Informed Consent.

Informed consent is a foundational principle in healthcare law. It is defined as the agreement between a patient and a treating physician for a specific form of medical care. G2Z Law Group, PLLC is prepared to help healthcare professionals and businesses improve their institutional operations and patient care by developing effective informed consent programs.

Informed consent protects the healthcare provider and improves the care of the patient, which is perhaps why the American Medical Association (AMA) labels informed consent as “fundamental in both ethics and law.” An effective informed consent program creates a trusting provider-patient relationship and furthers the provider’s commitment to transparency. “Patients have the right to receive information and ask questions about recommended treatments so that they can make well-considered decisions about care.” These decisions are recorded through the process of gaining the patient’s knowledgeable agreement, given of the party’s own free will.

Our firm recognizes that an effective informed consent program is critical to protect a healthcare provider against criminal and civil liability. In order to gain legal consent, the provider must adhere to two overarching principles. First, the patient has the authority to decide what medical procedures are done to his or her body. While a physician may have important information to help the patient make a decision, the choice lies with the patient alone. Second, the physician has an ethical duty to present the medical information and alternatives to allow the patient to make a knowledgeable decision. By following these two principles, our firm can improve your patient care program and help avoid informed consent litigation.

Healthcare providers should be aware of the basic elements of securing informed consent. First, the provider should share the diagnosis with the patient, if and when it is known. Second, the provider should recommend treatment and share all of the risks and benefits associated with that treatment. The provider should then share possible alternative treatments, which include forgoing the recommended treatment. Finally, the physician should cover all of the possible risks and benefits of the discussed alternatives.

Our firm can help develop a documentation process that protects your healthcare business. This type of written consent from a patient to a provider is called express consent. There are times, however, when the patient can’t give express consent, such as during an emergency or when the patient is unconscious. Under these circumstances, the provider may begin treatment without consent, but it is the provider’s duty to obtain consent at the earliest opportunity. In some instances, the treating physician must determine if the patient has the capacity to make an independent decision. By assessing the patient’s ability to know, understand, and appreciate the medical information presented, the physician can determine if the patient needs a surrogate or guardian to aid in the decision.

The lack of an effective informed consent program can lead to a variety of legal problems. With our firm’s help, however, numerous healthcare professionals and businesses have created robust informed consent programs to protect them from litigation. By assessing and addressing your business’s consent risks, our firm can do the same for you.