What if the patient could not give informed consent?

For informed consent to be valid, it is required that the patient has understood the information given by the doctor and that the patient is capable of making sound decisions based on the given information.

There are times, however, as in the case of serious illness, when a patient may be in a physical or mental state that renders him or her incapable of giving informed consent.

In case of emergency and in the absence of a health care agent or attorney-in-fact for health care decisions, your doctor may proceed with the treatment without first obtaining your informed consent.

You can name someone to act as your attorney-in-fact or designate a health care agent in advance before anything happens to you.

Your attorney-in-fact or health care agent will make the decisions for you should you be unable to make them for yourself.

These documents are called health care directives (also known as living wills).

The document that embodies the designation is called called a durable power of attorney for health care.

An estate planning lawyer in your area can help you prepare these documents.

Alternatively, you can prepare them yourself.

There are books, form kits, or software in many bookstores online that will teach you how to go about it.

What is informed consent?

Did you know that all medical professionals are required to obtain your informed consent before you can be treated?

So, what is informed consent?

"Informed consent" simply means an individual or patient's consent whereby he or she agrees to allow medical treatment to be given based on full disclosure of all the necessary facts to arrive at a sound decision.

In order to give informed consent, the patient must know or understand what the proposed medical treatment requires.

The patient must be made to understand as regards the procedures that will be used, whether the doctor will be using drugs or surgery, what the alternatives are, and also the associated risks and side effects.

Whether or not the consent given by the patient was "informed consent" depends mainly on the analysis of all information available.

The patient must not only be informed about the procedure or the process but he or she must also have the capacity to understand the information to sufficiently weigh and consider this information.

If you believe that you have been a victim or doctor malpractice, or if you doubt whether you had actually given informed consent, or if you have questions about medical or doctor malpractice then it is best that you consult a medical lawyer or medical attorney as soon as possible.