Informed consent involves a discussion between the patient and physician about a proposed medical procedure. The physician must advise the patient of the nature, risks, and benefits of the procedure, as well as provide information that a “reasonable person” would want to know before proceeding with the medical procedure. A consent form is typically given to the patient for his or her signature.
Your informed consent claim
It is important to note that each medical procedure carries with it certain risks, and not every bad outcome will result in a claim. To be successful in a medical malpractice lawsuit involving consent, the patient must prove that had a reasonable person been properly informed of the material risks and information that he or she would not have agreed to the procedure. If the procedure was necessary, the patient must also prove that he or she would have undergone an alternative treatment and that the injury would have been avoided had he or she undergone the alternative treatment.
In addition to disclosing material risks, courts have held recently that physicians also owe a duty to their patients to disclose all other material information respecting the surgery, such as the availability of alternative treatments to the surgery that is being proposed, or an explanation of any surgical devices or techniques.
Your Winnipeg Lawyer in Medical Malpractice Matters
Lack of informed consent
This issue is usually stronger in elective surgeries than in emergency surgeries.
Given the law of informed consent, a patient should not hesitate to ask questions of the physician to ensure that he or she has all the material information necessary to provide informed consent. Inform yourself about it! If you believe that you underwent surgery without providing informed consent and suffered personal injury, we are here to help.
Informed consent in medical negligence cases in Manitoba
Manitoba has certain time limits in which people may file a medical malpractice lawsuit. If you are unsure about whether you may have a surgical malpractice or informed consent claim, submit a contact form or contact a Winnipeg lawyer at Pollock & Company to discuss your circumstances.
