INFORMED CONSENT

The law requires that a patient consent to the treatment provided to them by health care providers. This consent is to be an informed consent. The provider has a duty to fully inform the patient of the findings of examinations and tests, the diagnosis, alternative treatments available, and the risk of each available treatment or the risk of not pursuing treatment. For a claim against a health care provider to be based on lack of Informed Consent the patient must prove that:

• 1. The Provider failed to inform the patient of a material fact.
• 2. The failure to inform caused a harm to the patient.
• 3. The patient was injured.
• 4. A reasonable patient would not have pursued the treatment if informed of the material fact.

The fourth element is the most difficult to prove. There is also an issue over what is, or is not, a material fact.

• Surgical Error
• Pharmaceutical Error
• Product Failure
• General Carelessness
• Informed Consent