Experienced Lack Of Informed Consent Attorneys In Detroit

A lack of informed consent occurs when a doctor fails to explain the material risks, benefits and alternatives of a specific procedure before asking you to consent. A signed hospital consent form does not necessarily show that the doctor provided this information. If you wake up from a procedure with a complication like paralysis, incontinence or lasting pain that no one mentioned beforehand, you may take legal action.

At McKeen & Associates, PC, our lack of informed consent lawyers have represented clients in medical malpractice matters since 1983, working with clients across Detroit and throughout Michigan. That history informs how we evaluate a lack of informed consent claim from the outset, without assuming any two cases are alike.

Is Informed Consent More Than A Signed Form?

Hospitals hand out generic consent forms as routine paperwork, and many patients assume signing one covers every possible outcome. That is a myth worth clearing up early.

A form only reflects real consent if a doctor sat down beforehand and walked you through the specifics of your procedure in plain language. When that discussion never happened, or happened in a rushed, incomplete way, the signature may put you in danger.

Under Michigan law, your healthcare provider must discuss four key topics with you before you consent to a medical procedure:

• Nature of the procedure: A plain-language explanation of what the surgery or treatment actually involves so you know what is going to happen to your body
• Risks involved: The material complications tied to your specific procedure, including outcomes that are common enough or serious enough to affect your decision
• Expected benefits: The purpose of the procedure and how it will improve your condition
• Reasonable alternatives: Other treatment options available to you, including the option to decline the procedure and do nothing

When one of these pieces is missing from the conversation, the consent you gave may not meet the legal standard.

What Risks Must Doctors Explain Before Treatment?

Doctors are not required to list every remote possibility before a procedure. However, they must disclose any risk that is common or serious enough that a reasonable patient would want to know about it before consenting to the procedure. This is what courts call a “material risk,” and it looks different depending on the surgery such as:

• Paralysis following spinal surgery
• Incontinence after prostate surgery
• Chronic, lasting pain after a hernia repair

If a material risk was never raised with you before your procedure, an attorney can help you evaluate what that omission means for your case.

How Does Lack Of Consent Differ From Medical Battery?

Lack of consent and medical battery involve different situations. Lack of consent may apply when a doctor performs the procedure you agreed to but fails to tell you about a significant risk that later occurs. Meanwhile, medical battery occurs when a doctor performs a procedure you never agreed to in the first place.

For example, you consented to a cyst removal but woke up without your uterus. Because the doctor performed a procedure you did not authorize, courts may treat that conduct as an intentional tort or a type of medical battery rather than simple negligence.

How Can Emergencies Change Informed Consent Rules?

In a life-threatening emergency, doctors may provide necessary treatment without first obtaining consent. For example, if you arrive unconscious after a car accident, a doctor may rely on implied consent to stabilize you. Michigan law generally recognizes this exception when immediate treatment is necessary and waiting for consent could put your life or health at risk.

Call McKeen & Associates, PC, In Detroit Today

If you would not have agreed to the surgery had you known the risks, you have a right to find out where you stand. Our Detroit attorneys can review what your doctor told you and what got left out to help you understand where your case stands. Call us today at 313-524-8570 or fill out this form for a free, no-obligation consultation.