Medical professionals have a duty to abide by certain ethical and medical standards of care in administering to patients. When doctors, nurses or aides fail in those duties, patients can claim negligence and may be eligible to receive compensation for the harm suffered as a result.
While many negligence claims are fairly straightforward, claims of medical malpractice tend to be a bit more complex because of the technical aspects of medical care, as well as the various state laws regarding appropriate care standards.
Included in those standards is the duty to offer patients informed consent. The doctrine of informed consent holds that every person has a right to be given sufficient information in order to make intelligent decisions about his or her own care. A patient has a right to be told about the nature of the condition, the nature of the proposed treatment, the risks involved in undergoing treatment and the risks in not moving forward with treatment.
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