Informed Consent Indiana Medical Malpractice Claims
Informed consent is something that is required in Indiana within the medical field before a physician or a healthcare provider is allowed to treat a patient.
Informed consent requires the healthcare provider to inform the patient of the risks, of the benefits and of the alternatives to the treatment plan that the healthcare provider is proposing. Informed consent is part of the American Medical Association's Code of Ethics for physicians, which states:
The patient’s right of self-decision can be effectively exercised only if the patient possesses enough information to enable an informed choice. The patient should make his or her own determination about treatment. The physician's obligation is to present the medical facts accurately to the patient or to the individual responsible for the patient’s care and to make recommendations for management in accordance with good medical practice.
The reason informed consent is so important is becuase it is the patient's decision (not the healthcare provider's) of what happens to them. Of course physicians give us their opinions and give us their recommendations because they are the experts; but ultimately it is patient that makes the decision about their healthcare.
When a patient is not informed of the risks or alternatives to a treatment, surgery or drug, they may have a claim against the healthcare provider. The essence of the claim is that the healthcare provider deprived the patient from making their own decision and caused harm.
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