Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer Illinois Personal Injury Law Firm
Free Consultations: 630-848-9294
No Fee Unless You Win | Phones Answered 24 Hours A Day
1730 Park Street, Suite 209, Naperville, IL 60563

The link between informed consent and medical malpractice

One of the cornerstones of medicine involves patient consent. Before administering any medical and health care procedures and treatments, health care professionals must obtain approval from their patients or their representatives.

It is important that you review all the information that your doctor provides and ask questions to make sure you understand things before signing a consent form.

What is informed consent?

Informed consent is not just a piece of paper. It also involves your doctor/medical team being open and upfront about any treatment or procedure you are considering. In addition to you receiving paperwork listing insurance/payment and information about your HIPAA rights, your doctor is responsible for informing you about the following:

  • Diagnosis
  • Available procedure/treatment alternatives
  • Risks associated with alternative options
  • Description of the process
  • Dangers and risks related to the procedure and treatments
  • The reason for the procedure and expected outcome
  • Potential outcomes of forgoing treatment

The above requirements are so you can make the most informed decision about your care and what you believe is best for you. Many patients do not get enough time with their doctors to learn everything they should before giving their consent. If your doctor does not give you the proper information about your medical needs, he or she could end up facing a medical malpractice suit.

Informed consent limitations

Doctors do not have to list every single symptom or risk when providing consent. However, if someone undergoes treatment that another individual with similar medical history and situation would generally decline after receiving proper consent, malpractice is likely. In fact, this is often the case in medical malpractice suits stemming from informed consent issues.

For example, a patient goes to the doctor, who tells her that she needs to have surgery to remove her gallbladder. Her doctor provides her with some details regarding her medical situation before giving her consent forms to sign. She decides to have the procedure because of what her doctor told her. During recovery, she experiences symptoms/complications that were not mentioned that cause her to require additional medical care. Depending on her outcome, she may have a malpractice case.

What Our Clients Say About Us

  • "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....-Jeff D.

  • "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....- Dave

  • "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.-Jennifer

  • "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day...-Larry

  • "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.- Tyler D.

  • "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.- Karen K.

  • "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends.-Dan H.

Related Blog Posts

  • Jan 22

    Do e-cigarette users have a higher chance of health problems?

    Vaping is a popular trend at the moment, but it is also a controversial topic. There are many reasons to believe that this seemingly benign activity is actually quite dangerous, as there is ever-increasing evidence that links this activity to various...

    Read More
  • Jan 20

    Motor vehicle accidents: Head-on crash kills 3, injures several

    Three people have died and several others suffered injuries in a recent collision that took place after a vehicle suddenly strayed into the oncoming lanes of traffic in Illinois. While there are a variety of circumstances in which such a...

    Read More
  • Jan 06

    Motor vehicle accidents: 2 airlifted to hospital after crash

    A moment of inattention or a brief bout with fatigue are just two examples of scenarios that could leave a driver more susceptible to losing control and veering off course. Motor vehicle accidents involving a vehicle that has drifted off...

    Read More

Take Action Now! No Fees Unless You Win!

We’ll review your case at No Cost to You. And, you don’t pay any fees unless we win your case. Contact us today.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Phones Answered 24 Hours A Day No Fees Unless You Win - Call 630-848-9294