Q: Can a provider/specialist do a procedure without an informed consent or discussing/giving information to the patient?
I wanted to know if they are allowed to do this? I never met the doctor before- I was a new patient, ref by primary. He never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the medication she was putting in me or explain, except the doctor wanted it to look in your mouth/throat. They did not prepare me for this ahead of time, I did not receive information or reason why, they did not inform me of the risks or give me an informed consent. I had side effects after the procedure. I did not stop the doctor while he did the procedure because everything was rushed & happened so fast, the medication she put in me made my throat feel like it was swelling & I was having anxiety & froze. I felt like I couldn’t speak up & didn’t have a choice.
A: Doctors must get informed consent before doing medical treatment with very few exceptions.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
