Medical Malpractice, Patients Rights, Informed Consent

Every patient has the right to be informed about a medical procedure prior to consenting to the medical procedure.

Only in cases of emergency can a doctor perform surgery without the consent of a patient. This dates back to a judgment from 1914. Consent is a three-part process and if not handled properly could result in a medical malpractice lawsuit.


For instance a woman with lupus had to undergo needle biopsy of her kidney. After undergoing the procedure, she experienced complications resulting in perforation of her gall bladder that necessitated open cholecystectomy.

The woman sued on the basis that she would have chosen a renal biopsy if she had known it was an option.

The woman won the case because she had not given informed consent. All alternatives must be disclosed to the patient even though some may involve more hazards.