Chicago Unauthorized Medical Treatment Attorneys

Illinois Medical Malpractice Lawyers

Unauthorized medical treatment is the lack of “informed consent” prior to a medical procedure. Informed consent requires not only that the patient consent to the surgery, medical procedure, clinical study or other medical treatment, but also that the patient understand the procedure and the risks involved after receiving all the pertinent information.

Liability for Unauthorized Medical Treatment

If a patient undergoes surgery, a medical procedure, clinical study or other treatment without fully understanding the procedure or the risks involved, he or she may be entitled to purse a medical malpractice lawsuit for unauthorized medical treatment. In order to prevail in such a claim, the patient must show that if he or she had known of the risk or outcome associated with the procedure, he or she would not have consented to the surgery, medical procedure or clinical study.

Exceptions to Informed Consent Requirement

There are certain situations in which the doctor or hospital will not be liable for unauthorized medical treatment even if there was a lack of informed consent due to the circumstances surrounding the treatment or if consent is provided by someone other than the patient. These exceptions include:

• Emergency Situations – In some emergency situations, there is not time to obtain the patient’s consent or the patient may be unable to communicate. Emergency room doctors and nurses are still required to provide the requisite level of care and if they are negligent in providing medical care, they may still be liable for emergency room medical malpractice.
• Risk of Significant Harm – If the patient is at risk of significant emotional or physical harm if they are receive stressful information regarding the medical procedure and its risks, consent may not be required.
• Compulsory Tests – Consent is not required if the patient is required to submit to a test or treatment, such as those for communicable diseases.
• Incompetent Persons or Minors – Mentally handicapped persons and minors may be incapable of providing informed consent and, in these situations, the parent or appointed guardian may provide informed consent on behalf of the patient.

Knowledge and Experience You Can Trust

The Chicago medical malpractice attorneys at Ankin Law Offices have significant experience with unauthorized medical treatment and other types of medical malpractice, such as diagnostic errors and emergency room malpractice. We are well-versed in the legal requirements of a medical malpractice claim and know how to proceed in order to protect your legal rights and remedies.

If you suspect that you or a loved one has been the victim of unauthorized medical treatment, contact the Chicago medical malpractice law firm of Ankin Law Offices, LLC at (800) 442-6546 to discuss a possible medical malpractice claim due to the lack of informed consent.

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