Some medical treatment is straightforward and minimally risky. An individual with a large laceration requires proper sanitization of the wound followed by stitches. A patient with a fracture in their arm needs an x-ray, a cast and maybe physical therapy after the bone heals.
Other types of treatments are more controversial, riskier or less universally successful. When health care professionals recommend new, experimental or otherwise risky treatment plans, they typically need to secure informed consent from the patient before they begin treatment. All too often, medical professionals rush through the informed consent process and do not actually obtain what constitutes informed consent. They just received a signature on a document.
What are the essential requirements for informed consent?
A competent adult patient
Informed consent discussions should happen before an individual is under the effects of anesthesia or pain medication. The medical professional should affirm that the patient is a legal adult capable of making decisions about their personal medical needs. Those in compromised emotional states may not be able to provide informed consent. The same is true of those with significant medical disabilities. In some cases, a parent or medical proxy may have to provide informed consent.
Information about the diagnosis and alternate treatments
When proposing a risky treatment option or an experimental one, medical professionals should ensure that the patient understands their diagnosis. They need information about their prognosis without treatment and also the various treatment options available to them. Someone with cancer may have the option of trying immunotherapy drugs. They can also undergo surgical procedures or chemotherapy as part of the treatment plan. Patients should be aware of all of their options before they consent to a particular course of action.
Failure rates and side effects
Experimental or controversial treatments may not always produce positive outcomes for patients. Medical professionals should discuss the worst reported side effects and negative outcomes with patients as part of the informed consent discussion. They should also discuss the most common side effects and negative outcomes associated with a particular course of treatment. Only patients who have accurate information about their condition, their options and the recommended course of treatment can provide truly informed consent.
Failing to obtain informed consent is a common and damaging type of medical malpractice, and is often legally actionable. Holding doctors accountable for pushing patients into questionable treatment plans without informed consent can provide patients who have experienced medical harm with justice.