Doctors aren’t allowed to perform procedures on you without your consent. Virtually every state including Georgia requires doctors to inform patients about the severity of their medical condition as well as treatment options and the risks associated with them before performing any procedure.
A doctor must relay this information to a patient in an easily understandable way. They must be able to turn around and use it to decide whether to agree to receive certain medical care. This process is referred to as informed consent.
A person must generally be above the age of 18 to give informed consent. Most patients that suffer from mental illness or other impairments that inhibit their ability to make sound decisions must have someone else provide consent on their behalf.
Minors cannot give consent. Their parents or guardian must do so on their behalf.
A physician may be sued for gross negligence if they fail to secure a patient’s consent to perform a procedure. This is especially the case if they suffer serious injuries as a result of a doctor performing an unauthorized medical procedure on them.
It’s possible for plaintiffs in many jurisdictions to bring medical malpractice suits without needing physicians to testify as witnesses. This is due to the concept of “res ipsa loquitur,” which means that “the thing speaks for itself.” This is often taken in the legal field to mean that the doctor’s actions were so reckless that even a layperson can see how egregious their conduct was.
Doctors can also be charged with a criminal offense if they fail to secure a patient’s consent before performing any medical procedure on them. It’s not uncommon for them to be charged with battery for touching a patient without their expressed consent to do so.
Patients undergo treatments and procedures every day. While it’s engrained in doctor’s minds to consent their patients, there are situations in which they neglect to do so. While things may work out for the better for some patients, others experience health declines as a result of this.
If you’ve suffered bodily harm after a doctor failed to get your informed consent, then you may be entitled to monetary damages. Your medical malpractice attorney will advise you that the severity of your injuries and other factors will greatly determine how much you may be entitled to in your Augusta case.