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How informed consent works

Patients in North Carolina and throughout the country are supposed to receive enough information to make an informed decision about their care. This is referred to as informed consent, and all 50 states have laws that require that patients are able to make educated decisions about their treatment plans. A patient must be told about all of his or her treatment options and the potential risks they may come with.

This information must be provided in plain language that an individual can understand. In many cases, individuals are required to sign forms saying that they have given informed consent to take action or to refrain from taking action. If a doctor goes through with a procedure without proper authorization, it may be considered an act of gross negligence. An exception to the rule may be made if aid is rendered in an emergency situation.

Furthermore, a patient would have to show that they would have made a different decision if they had received better information. If a patient is a minor, he or she is generally considered not competent to provide consent. Therefore, a parent or guardian will likely need to provide that consent on the minor's behalf. Those who have mental health or other medical issues may not be competent regardless of their age.

Individuals who may be victims of medical malpractice might receive compensation for medical bills and other damages related to a doctor's negligence. An attorney may take steps to help a patient show that a doctor acted in a negligent manner. For instance, it may be possible to introduce evidence that a patient suffered from a mental illness or was not a legal adult. Medical malpractice cases may be settled out of court or through a trial.

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Daniel Pleasant Holoman LLP

Daniel Pleasant Holoman LLP
232 Causeway Drive
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Toll Free: 866-965-2403
Fax: 910-679-4363
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