Informed consent is a fundamental ethical and legal principle in health care that involves obtaining permission from an individual before conducting any procedure, treatment, or study involving them. It’s a process that ensures individuals are fully aware of the potential risks, benefits, alternatives, and details of the proposed intervention or study so they can make an educated decision about their medical care. Kansas City Medical Malpractice Informed Consent | Medical Malpractice Lawyer

If you were a victim of medical malpractice due to a lack of informed consent, a Kansas City medical malpractice attorney can help you understand the legal recourse available to recover the compensation you deserve. 

Understanding Informed Consent in Kansas and Missouri

In both Kansas and Missouri, informed consent is a crucial requirement before undergoing any medical treatment or procedure. This disclosure aims to empower patients to make well-informed decisions that align with their values, beliefs, and preferences.

Information that must be provided during the informed consent process generally includes the following:

Nature of Treatment

A clear explanation of the proposed medical treatment or procedure should be discussed, outlining its purpose and intended outcome.

Risks and Benefits

You should be given detailed information about potential risks, complications, and benefits associated with the treatment, allowing you to weigh the possible outcomes.

Alternative Options

You should be made aware of available alternative treatments or procedures, including their advantages and disadvantages.

Prognosis Without Treatment

If you opt for no treatment, an explanation of the likely consequences should be presented.

Detailed Q and A

Finally, you should have the chance to ask questions and seek clarification regarding the proposed treatment and its implications.

In both states, informed consent can only be provided by individuals who possess the capacity to make rational decisions. This includes adult patients of sound mind or legal guardians in cases involving minors or persons lacking decision-making capacity. Medical providers are responsible for ensuring the information provided is easily comprehensible, fostering a genuine understanding of the potential ramifications of the treatment.

What Constitutes Medical Malpractice Lack of Informed Consent? 

When informed consent is inadequately obtained or not obtained at all, the repercussions are severe, potentially leading to significant harm and even death. A lack of informed consent can constitute medical malpractice under the following guidelines:

Duty of Care

A medical provider has a duty to inform a patient about the treatment, risks, alternatives, and potential outcomes.

Breach of Duty

The provider fails to provide adequate information or intentionally withholds vital details that a reasonable medical professional would disclose.


The lack of informed consent directly contributes to the patient's injury, harm, or adverse outcome.


The patient experiences harm or negative consequences that could have been mitigated or avoided with proper informed consent.

In such cases, patients or their legal representatives may have grounds to pursue a medical malpractice claim against the health care provider responsible for the lack of informed consent.

Legal Recourse and the Role of a Medical Malpractice Lawyer

If you believe you were subjected to medical malpractice due to a lack of informed consent, it’s crucial to contact a Kansas City medical malpractice lawyer as soon as possible. A qualified attorney will guide you through the process of assessing the viability of your case and seeking compensation for damages. 

A medical malpractice attorney will do the following to help with your claim:

Case Evaluation

This includes a thorough evaluation of the medical records, expert opinions, and relevant laws to determine if your case has merit.

Evidence Gathering

If the case is deemed viable, your attorney collaborates with medical experts to gather evidence demonstrating the provider's failure to obtain informed consent.

Negotiation or Litigation

A medical malpractice attorney negotiates with the health care provider's legal team to seek a fair settlement. If negotiations fail, the case may proceed to court. If the case goes to trial, your attorney will represent you in court, presenting arguments and evidence to prove the health care provider's negligence.

Potential Medical Malpractice Injury Compensation

If it’s proven there was medical malpractice due to a lack of informed consent, you may be able to recover damages such as:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Loss of future earnings
  • Loss of quality of life
  • Punitive damages
Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.