Informed Consent and Wrongful Death

Before performing any medical procedure or treatment, doctors in Utah and elsewhere are required to fully inform their patients of potential risks. In the legal world, as well as the medical world, this is known simply as “informed consent.” If the doctor fails to get informed consent from a patient and the patient is injured because of the treatment, then the patient can have grounds to sue for medical malpractice. Luckily, wrongful death is often avoided by this practice.

Most medical practices and procedures involve potential risks to the recipient. The doctor has the responsibility to give the recipient or patient information about the procedure. This will allow the patient to make an informed decision about whether to undergo treatment or not. This process is collectively known as informed consent.

In many cases the doctor will need the patient to sign a consent form that will also detail potential risks with the particular procedure. This form alone does not count as informed consent, because the doctor must also have a conversation with the patient detailing the risks involved. Without this conversation it is more likely for a wrongful death to occur.

In many states, including Utah, it is not necessary for the doctor to disclose absolutely everything that could possibly happen in a surgery or operation. Most wrongful death cases need the testimony of a medical expert who agrees that “most doctors” would have informed the patient of that particular risk. When the death is because of something very uncommon, it is not likely that the patient will be able to win in a lawsuit.

There are many well-trained personal injury lawyers who handle medical malpractice cases in Utah and elsewhere. Some of them offer free consultations and are able to ascertain whether a lawsuit will be worthwhile.

In normal circumstances informed consent is always a requirement. There are still sometimes when informed consent is not necessary, though. These include emergencies when there is not time to describe risks and the physician needs to act quickly to save a life. Another time it isn’t required is for emotionally fragile patients who would refuse treatment because of an emotional condition. In this case, the doctor can decide that their life is more important.

Although wrongful death isn’t extremely common, it’s still possible. If someone you know passed away because of a negligent act, consider reaching out to a lawyer in Utah that can help. 

Nate Myers  is a legal writer reporter for Fusion 360, a Content Marketing Agency. Information provided by Robert J Debry.

*Image Credit: Free Stock Photos.