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