Texas law grants patients the right to choose a treatment their healthcare provider recommends. This decision-making process, known as informed consent, ensures patients are fully aware of the risks, benefits, and alternatives before agreeing to a medical treatment or procedure. Failure to provide adequate information about the risks and benefits of a procedure can lead to medical malpractice claims. For a patient to recover against a provider for lack of informed consent, the patient must show that the provider was negligent in failing to disclose the risks or hazards that could have influenced a regular person in deciding on their medical treatment.
What is Informed Consent?
Informed consent is a legal and ethical requirement in medicine. In Texas, informed consent is a legal process through which a patient is given information about a proposed medical treatment or procedure to make a voluntary and informed decision. Healthcare providers must ensure that the patient fully understands the information and obtain the appropriate forms with the patient’s signatures before the procedure begins. Except in emergencies, a properly executed informed consent form must be completed beforehand. Additionally, in most cases, a medical physician must be the person who provides the patient with the risks, benefits, and alternatives of the procedure.
The following scenarios require informed consent:
- Most surgeries
- Blood transfusions
- Anesthesia
- Radiation
- Chemotherapy
- Advanced medical tests such as biopsies
- Vaccinations
Most informed consent documents include the following written information:
- Diagnosis of condition
- Name and purpose of treatment
- Benefits, risks, and alternative procedures
- Benefits and risks of each alternative
Before signing the informed consent documents, a patient is consenting to:
- Disclosure: Receiving all the relevant information about the procedure from the healthcare provider
- Understanding: Agreeing to understand the information presented and using the information given to determine whether or not you want the procedure
- Voluntary agreement: Your agreement to get some or all of the treatment options and alternatives without coercion or undue influence
Additionally, in some cases, another person can sign a consent for you if you cannot. The following scenarios include:
- If you are not at least 18, a parent or legal guardian must provide consent on your behalf unless you are legally emancipated, married, or in the military
- If you have a valid advanced directive and have written permission to allow another person, such as a spouse or adult child, to make medical decisions on your behalf
Case Study: Negligence Involving Informed Consent
In 2018, A Houston-based oncologist faced suit over a significant failure to obtain informed consent, which led to their patient’s death. According to court documents, the patient was admitted to the hospital for shortness of breath. The provider then instructed the hospital staff to perform a bone marrow biopsy to evaluate the patient’s white blood cells and begin the administration of a drug known as Hydrea. This medication is a form of chemotherapy treatment for leukemia. Hydrea was then administered to the patient by registered nurses several times throughout the patient’s hospitalization without the patient’s consent. Several days later, the patient developed severe complications, including tumor lysis syndrome, heart block, and kidney failure, which eventually led to her death. The patient’s family alleged that the oncologist did not disclose the risks associated with Hydrea before giving it to her.
An expert oncologist testified that the lack of informed consent breached the standard of care. However, the provider in question attempted to dismiss the case, arguing that the expert report failed to explain how disclosing the risks of Hydrea would have changed the patient’s decision or the outcome. Both trial and appellate courts rejected this argument, concluding that the drug had been administered without consent, which transformed the case into a potential medical battery and negligence case. The courts ruled that the absence of consent and the subsequent medical complications established a strong link between the breach and Jackson’s death, allowing the case to proceed to trial.
This case underscores the legal and ethical necessity for healthcare providers to fully disclose risks and obtain patient consent before administering treatments, especially those with potentially severe side effects.
Next Steps:
A qualified personal injury attorney can assist patients affected by medical negligence caused by failing to obtain informed consent. These types of cases can be complex, but our experienced attorneys at the Ghuneim Law Firm will assist the patient and their family with filing a medical malpractice lawsuit and ensure that all possible avenues of compensation are pursued.
The Ghuneim Law Firm will perform a thorough legal evaluation by reviewing the medical records and determining if the provider failed to disclose significant risks, benefits, or alternatives that would have influenced the patient’s decision to proceed with the medical treatment. Don’t hesitate to contact the Ghuneim Law Firmat 833-GHU-NEIM or at 281-487-8929 to schedule a free consultation.
References:
Casetext. (n.d.). *Arani v. Fisher, NO. 14-18-00117-CV*. Retrieved September 25, 2024, from https://casetext.com/case/arani-v-fisher.
Southeast Texas Record. (2024, September 25). *Denial of doctor’s motion to dismiss negligence claim was the right decision, 14th District Court finds*. Southeast Texas Record. Retrieved September 25, 2024, from https://setexasrecord.com/stories/511618415-denial-of-doctor-s-motion-to-dismiss-negligence-claim-was-right-decision-14th-district-court-finds.