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Understanding Informed Consent In Washington

  • By: Matthew Hale

Magnifying glass on an Advance Health Care Directive form, related to Informed Consent.

When it comes to medical treatment, patients in Washington have the right to understand the risks and benefits before making decisions about their care. This process, known as informed consent in Washington, plays a critical role in medical malpractice law. In this article, we discuss…

  • What informed consent means in relation to medical malpractice.
  • What doctors are legally required to disclose to patients.
  • Common misconceptions patients often have about their rights.

What Does “Informed Consent” Mean Under Medical Malpractice Law?

Informed consent is a legal requirement that obligates a healthcare provider to disclose the material facts related to a proposed treatment or procedure. The purpose is to ensure patients have the information they need to make a truly informed decision about whether to proceed.

What Specific Details Must A Doctor Provide Before A Patient Agrees To Treatment?

A doctor must explain both the risks and the benefits of the recommended treatment before obtaining a patient’s consent. For example, a physician might say: The benefits of this treatment are A, B, and C, but the risks include the possibility of death. It is then up to the patient to weigh the potential benefits against the potential risks and decide whether to move forward.

Does Signing A Consent Form Always Mean I Truly Gave Informed Consent?

Not necessarily. Doctors often rely on consent forms, but these forms frequently omit important details.

It’s quite possible you are handed a dense, small-font document before surgery, asked to sign it quickly, and told that it covers everything. However, simply signing a form is not enough. Washington law requires that the doctor personally explain the risks and benefits, not just provide a piece of paper.

Unfortunately, some doctors avoid these conversations because they don’t want to take the time. But the law requires meaningful communication.

How Quickly Should I Contact A Medical Malpractice Lawyer If I Suspect A Consent Violation?

If you believe you did not receive adequate information before agreeing to a treatment or procedure, you should seek legal guidance as soon as possible.

What’s The Most Misunderstood Aspect Of Informed Consent In Personal Injury Cases?

In my experience, the most common misconception is that informed consent applies whenever something goes wrong with a procedure or when a patient regrets their decision. That is not the case. Informed consent cases arise when the doctor fails to provide enough information for the patient to make a sound decision in the first place. A bad outcome does not automatically mean informed consent was lacking.

For example, a doctor might downplay the risks by saying something like, This is routine, nothing can go wrong. But if a patient then suffers a serious complication that is actually a fairly common risk and was never warned about, that could be the basis of an informed consent claim.

Still Have Questions? Ready To Get Started?

For more information on informed consent in Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (206) 206-0213 today.

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