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Informed Consent

Before a physician is legally allowed to provide you with medical treatment, he or she must first receive what is known as your informed consent. Informed consent is, essentially, legal documentation confirming the fact that you received an assessment of your situation, an explanation of your treatment options, and an overview of the risks and benefits of accepting medical care. If your doctor does not receive informed consent before treating you, then he or she has committed malpractice.

What is in an informed consent form?

Informed consent is given to a doctor through a written contract that has been signed by you, the patient. While the physician is expected to orally explain your situation and treatment options, these items must also be contained in an informed consent form so that you can read over them yourself. Typically, informed consent forms contain the following bits of information:

  • Name of the physician to perform treatment
  • Description of your diagnosed medical condition
  • An explanation of the suggested treatment, as well as the associated risks and benefits
  • Explanations of other treatment options, as well as their associated risks and benefits
  • An explanation of the risks and benefits associated with accepting no treatment at all

You can only give informed consent if you have acceptable decision-making capacity. This means that you must be able to understand your treatment options – what each entails, and the risks and benefits of each. If you cannot, then family members or, if necessary, court-appointed representatives, will give informed consent in your place.

Contact Us

If you would like to learn more about informed consent, or if you were harmed by medical error performed by a physician who did not receive your informed consent, then the New Jersey lack of informed consent lawyers of Levinson Axelrod can help. Contact our offices today at 800-346-5529 to speak with an attorney.

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