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Knoxville Medical Malpractice Attorney > Knoxville Lack of Informed Consent Attorney

Knoxville Lack of Informed Consent Attorney

Lack of informed consent involves a hospital, physician or other healthcare provider not correctly informing a patient about the risks, benefits, and any possible alternatives to treatment or surgery in a non-emergency situation. When you present a medical malpractice claim, lack of informed consent is a separate cause of action. To better understand Tennessee medical malpractice claims and how best to proceed, contact a Knoxville medical malpractice lawyer at Atkins Brezina, PLLC, today.

The reason lack of informed consent is a separate cause of action is because the law recognizes that everyone has a right to choose whether or not to accept a doctor’s recommendation on whether they should have a specific surgical procedure. To fully exercise that right, you must have all the necessary information that is understood by a “reasonable person” about the treatment before you can decide.

When you don’t have the complete picture of what could happen, you aren’t making an informed decision. At Atkins Brezina, PLLC, we know how terrifying and frustrating this can be. We have years of experience handling medical malpractice cases, including lack of informed consent. Let us help you determine whether you have a valid claim and the best course of legal actions.

When Is Informed Consent Not Required?

Several exceptions exist concerning informed consent. These situations are:

  • Medical Emergencies: When there is a medical emergency and the healthcare provider is trying to save your life, there is no time to discuss all the risks. Patients cannot sue for lack of informed consent when faced with a medical emergency. This exception applies even if you would not have chosen the treatment.
  • Emotionally Fragile Patients: A doctor treating an extremely distressed patient refusing treatment may not have to obtain informed consent. If a patient is already frail and suffering from anxiety, describing a procedure could cause them to decline further. A doctor may withhold some information as necessary. However, they must be able to demonstrate there was a clear reason why the information was withheld.

Medical Battery and Wrong Procedures

A Medical Battery claim is a distinct and different concept compared to a health care liability action. In Tennessee, a Medical Battery is defined as an “unlawful, offensive touching.” When determining whether a Medical Battery claim exists, a plaintiff must establish:

  1. they were not aware the doctor was going to perform the procedure (i.e., the patient did not know the dentist was going to perform a root canal on a specific tooth or that the doctor was going to perform surgery on specified knee); and
  2. they did not authorize performance of the specific procedure.

Contact a Knoxville Medical Malpractice Lawyer

Determining whether you have a separate cause of action for lack of informed consent or Medical Battery can be complicated. Let us use our experience to help. Contact Atkins Brezina, PLLC, today to schedule an initial consultation.

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