Types of Informed Consent and My Mississippi Malpractice Options
Informed consent is not always the first thing people think of when they hear about Mississippi medical malpractice, but the reality is that many patients have suffered unforeseen harm due to faulty informed consent. Knowing the different types of medical informed consent that change depending on the situation is important when you need to figure out whether you can file a medical malpractice claim. Some situations of informed consent can be justified while others might not be excusable. If you have questions, talk to a Madison Medical Malpractice Attorney to whether your situation qualifies as malpractice.
Types of Mississippi Medical Informed Consent
Not everyone realizes how many types of medical informed consent exist in the medical field. In a career where you could be responding to an emergency situation as a paramedic or seeing a patient in a general outpatient clinic, medical professionals have to choose the type of informed consent process that best fits their presenting
circumstances. The five main types of consent are:
- Express Consent
- Surrogate Consent
- Implied Consent
- Tacit Consent
- Advanced Consent
Express consent requires the physician to inform the patient about the medical procedure that will be done. The physician cannot have the procedure performed until obtaining either verbal or written consent from the patient. Since verbal consent can be difficult to prove in court, most health professionals go for written consent. Surrogate consent is similar, but instead involves consent from family members.
Implied consent is complex because the medical professional operates by the assumption that the patient implied that they consented to treatment. However, tacit consent can be even more complicated because this consent is implied without ever being explicitly stated. This could mean a patient who needs CPR by a paramedic and who would otherwise die without medical intervention.
Advanced consent involves consent by explaining all the risks and side effects before the procedure but can also mean consent given in advance.
When Can I Sue for Mississippi Malpractice?
You might be able to file a Mississippi medical malpractice lawsuit against a medical professional if that person did not obtain your informed consent in the correct manner. This can be difficult to pinpoint when you are dealing with implied or tacit consent but might be more straightforward when express or surrogate consent is involved.
If you went to a clinic or if you are in a hospital and the medical procedure that was done on you was never explained to you verbally or in writing, then you could have a case for malpractice. Cases in the past of faulty informed consent left patients with surgeries they did not want and medical bills they did not plan to pay for as a result.
Medical Malpractice Attorney in Mississippi
Trying to file a malpractice claim involving informed consent can be challenging to take on alone. You can call Germany Law Firm, PLLC today by dialing (607) 487-0555 to speak with a Mississippi medical malpractice lawyer for a consultation about your case. Our legal team of Mississippi malpractice attorneys can help you collect the evidence you need to back up your claim. We serve clients throughout Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.