What Is a Lack of Informed Consent in Illinois?

Patients have the right to decide what happens to their body. That is the case in all situations. A doctor does not have the right to take actions that you do not want and do not provide consent for, even in situations that are critical to your health or your life. Under Illinois law, you have the right to be given clear information about your medical procedure before agreeing to it, and not doing so could be a form of medical malpractice. A Springfield medical malpractice attorney from Holley, Rosen & Beard, LLC, can help with such a claim.

Understanding Informed Consent in Illinois

Every person has the right to determine what happens to their body. In situations where a doctor or another medical professional acts in a way you do not want, they are committing a form of battery. Most of the time, though, patients do not realize that a doctor may not be doing what they promise. That is because medical procedures, surgical techniques, and treatment plans are actually rather challenging and complex. You may not know they are violating your rights.

According to Illinois Law, informed consent is your right to:

• Providing your permission for a procedure before it happens to you
• Make an informed and educated decision because you have all the information available to you

A doctor who does not provide you with the opportunity to consent or deny consent could be liable for medical malpractice because they did not seek informed consent.

Understanding Lack of Informed Consent

If you can prove that a doctor added in some way without your consent or without the consent of someone who was given permission to provide your consent, then you can seek legal action against them. You will need to prove this. There are several potential ways to do so:

• Show that the doctor had a duty to tell you about the risks you were facing and did not do so
• Document that the doctor did not disclose or explain all of the risks you were facing
• Document that the actions of the doctor caused you harm in some way because the doctor failed to provide you with necessary information
• Show that you would not have consented to the treatment if you had had all the information about the risks you face

Proving these elements is complicated at best, but with the help of a skilled medical malpractice attorney, you gain more information and assistance. For example, your attorney may need to show that the doctor failed to follow best practices and legal guidelines that every other doctor is likely to have followed in the same situation. Because the attorney has insight into these rules, they are more likely to be able to prove that for you.

Lack of informed consent is a powerful tool that allows you to protect yourself from unwanted treatment or procedures. If you believe you were not informed of the risks and you are now suffering as a result, reach out to a medical malpractice attorney to start the investigation. You may have the right to pursue legal action against those who did this to you. Call Holley, Rosen & Beard, LLC, to schedule a free consultation today with a Springfield medical malpractice attorney.