Your doctor gave you news about your health that is extremely uncomfortable. Then, they go on to explain a treatment or procedure they believe is beneficial. However, you feel terrified and uncertain, and you have thousands of questions you want to ask. This is when informed consent is your best friend.
What is Informed Consent Exactly?
Informed consent is the communication process that takes place between you and a healthcare professional. During this process, the doctor or healthcare provider explains a surgery or medical treatment in plain language that you can actually understand. Your goal is to make sure you have all the information that you need to make an informed choice about your health.
What Must Happen During the Discussion
For consent to be valid, some criteria must be met. The doctor or healthcare provider must describe all the details of the treatment or medication, and this includes thoroughly answering all questions that you have. For instance, if you need gallbladder surgery, the doctor or healthcare provider must tell you how this will help, clearly explain the risks, and outline a clear recovery plan. Every surgery carries some level of risk, such as infection or reaction to anesthesia, and you deserve to know the statistics.
The doctor or healthcare professional must also provide alternatives. Perhaps a physical therapy program could fix your back pain instead of a risky spinal fusion. You cannot make an informed choice if you are unaware of all your available options.
Finally, they must also explain what can happen if you decide to do nothing. Watching and waiting is a legitimate choice.
The Importance of Asking Questions
Because people often feel vulnerable and shy in a medical setting, they are afraid to ask questions because they want to appear confident. Most people also do not want to come off as that pushy and annoying patient. However, asking questions is a sign of intelligence, and it demonstrates that you are taking charge of your care. For example, if a doctor gives you the medical name for a procedure that you do not understand, it is perfectly fine for you to ask them to explain things in plain English. Then, you can ask questions like, “How many times have you performed this specific surgery?” or “What does a typical recovery look like for someone my age?” A good doctor will welcome such questions, as it demonstrates to them that you care about your health and recovery. If a provider seems annoyed with your questions at any time, this is a major red flag and a strong indicator that you must run for the hills.
When Consent Is Not Required
There are rare moments when informed consent will not apply. In a life-threatening emergency where you are unconscious, doctors operate under “implied consent.” They assume that a reasonable person would want their life saved. In these situations, doctors and other healthcare professionals will typically proceed with treatment to save the lives of patients.
Aside from those extreme cases, your permission is the gatekeeper for every needle poke and incision. If a doctor, nurse, or other provider does not provide necessary and relevant information and then receive your informed consent, they cannot proceed with treatment.
Your Signature Is Not the End
Many people conclude that once they put their John Hancock on that dotted line, their decision is final. However, this is not true. If you sign a form on Monday for a procedure on Friday, but you change your mind on Thursday night, you can withdraw your consent. It is your right to stop the process at any time before the treatment begins.
Medical staff will explain the consequences of stopping, but they cannot force you to proceed with a treatment or procedure against your will. Understanding this balance of power helps you enter the hospital feeling like a partner in your care instead of a mere cog in a machine or that nonplayable character in a game.
If at any time you feel your consent was violated, do not hesitate to talk with a medical malpractice lawyer. They can help you get the justice you deserve so that you can truly focus on the things that matter.