As a patient, it is important to understand your rights and what actions may be considered illegal when receiving medical treatment. One of the questions many patients have is whether it is legal for doctors to perform medical procedures on them without the patient’s consent. The answer is not as straightforward as you might think.
If you or a loved one has undergone a medical procedure, but the doctor did not obtain informed consent prior to performing it, you might want to discuss your case with an experienced attorney. Our medical malpractice attorneys at H&P Law can help you understand whether or not you have grounds to sue the doctor for performing a procedure without your consent.
What is Required to Perform a Medical Procedure?
In order for a doctor to legally perform a medical procedure on a patient, they must first obtain informed consent from that patient. Informed consent requires that the doctor fully explain the risks and benefits associated with the proposed procedure and provide the patient with enough information to make an informed decision about their care.
The doctor must also ensure that any questions or concerns raised by the patient are addressed before proceeding with treatment. If the doctor does not obtain this informed consent, they can be held liable for medical malpractice should any harm come to the patient as a result of their negligence or lack of communication.
When Can Doctors Perform Procedures Without Consent?
There are certain situations in which doctors can legally perform medical procedures without obtaining prior consent from their patients. These include emergency situations in which it would be impractical or impossible for them to seek such permission, such as when saving someone’s life is at stake (e.g., performing CPR on an unconscious person).
In some cases, doctors may also be able to proceed without obtaining prior consent if they believe that doing so will benefit their patients in some way (e.g., performing surgery on a tumor before seeking permission). However, these cases are few and far between and should only ever be done as a last resort after all other options have been exhausted.
Can You File a Medical Malpractice Lawsuit for the Lack of Informed Consent?
The short answer is, “Yes, you can.” However, as with any other type of medical malpractice claim, you must prove four elements:
- The medical professional owed you a duty of care
- The duty was breached
- The breach caused you harm
- You suffered damages as a result
Speak with a knowledgeable medical malpractice attorney to discuss your unique situation and determine if you can sue the doctor or surgeon who performed a medical procedure without your consent. However, do not hesitate to seek legal counsel because you have a limited amount of time to bring a medical malpractice claim. In Nevada, the statute of limitations for med-mal lawsuits is as little as one year from the cause of action, but no more than three years (NRS § 41A.061).
Seek Legal Counsel to Protect Your Rights
It is generally illegal for doctors to perform medical procedures without first obtaining informed consent from their patients—unless doing so would benefit them in some way or save their life during an emergency situation. If you believe that your doctor has violated this principle and caused you harm as a result, you may have grounds for filing a medical malpractice claim against them. Speak with our skilled medical malpractice attorneys at H&P Law if you find yourself in such a situation. We will help you ensure that your rights are protected throughout every step of the process. Call (702) 598-4529 to get a free case review.
