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Georgia medical malpractice Attorneys

Informed Consent and Medical Malpractice

Mar 11th, 2024  |  Legal Team  |  Firm News

Patients have the right to make informed decisions about their healthcare. However, when healthcare providers fail to uphold this principle, it can lead to serious consequences, including medical malpractice claims.

What is Informed Consent?

Informed consent is a process through which healthcare providers communicate essential information to patients regarding their medical condition, proposed treatment options, potential risks and benefits, and alternatives available. It empowers patients to participate actively in decisions about their healthcare by ensuring they have a clear understanding of the proposed course of action and its potential outcomes. Informed consent is not merely a one-time event but an ongoing dialogue between patients and healthcare providers throughout the treatment process.

The Role of Informed Consent in Medical Malpractice

In medical malpractice cases, the issue of informed consent often arises when patients allege that healthcare providers failed to adequately inform them about the risks associated with a particular treatment or procedure. For a medical malpractice claim based on lack of informed consent to succeed, several elements must be established:

Duty to Inform

Healthcare providers have a legal and ethical obligation to provide patients with relevant information about their medical condition, treatment options, and potential risks.

Breach of Duty

The healthcare provider failed to fulfill their duty to adequately inform the patient, either by omitting critical information or providing information in a manner that the patient could not understand.


The lack of informed consent directly contributed to the patient’s injury or harm. In other words, had the patient been properly informed, they may have made a different decision regarding their treatment or procedure.


The patient suffered harm or injury as a result of the healthcare provider’s failure to obtain informed consent.

Common Scenarios Involving Lack of Informed Consent

Several scenarios often give rise to medical malpractice claims based on lack of informed consent:

Failure to Disclose Risks

Healthcare providers may fail to disclose the potential risks and complications associated with a procedure or treatment, leaving patients unaware of the possible consequences.

Misleading Information

Providing misleading or inaccurate information about the risks or benefits of a treatment may also constitute a breach of the duty to obtain informed consent.

Pressure or Coercion

Patients may allege that healthcare providers pressured or coerced them into consenting to a treatment without fully understanding the risks involved.

Pursuing a Medical Malpractice Claim Related to Informed Consent

If you were harmed due to a lack of informed consent, you have the right to pursue a medical malpractice claim against the healthcare provider or institution responsible. By filing a claim, you may be eligible to recover compensation for your injuries, including medical expenses, lost wages, pain and suffering, and more

An experienced Atlanta medical malpractice attorney can help you understand the complex legal principles surrounding informed consent and navigate the intricacies of the claims process. They work tirelessly to investigate the circumstances of the case, gathering evidence to demonstrate how healthcare providers breached their duty to obtain informed consent. From reviewing medical records and consulting with expert witnesses to negotiating with insurance companies and litigating in court, a skilled medical malpractice attorney will be dedicated to securing you just compensation and holding negligent parties accountable for their actions.