Informed Consent: Questions You Should Ask Your Doctor Before Serious Medical Interventions

Having a doctor tell you that you need a serious medical procedure is scary.  You want to trust the judgment of your doctor, but the decision to undergo a major surgery or procedure is never easy. As the patient, it is important to remember that you have the right to direct your course of treatment. You have the right to ask any questions or raise any concerns that you may have before you undergo a procedure. In fact, under New Mexico law, your doctor has a legal duty to communicate to you all the information you need to know to make an informed decision. This includes information about your condition, your need for treatment, alternatives for treatment, inherent and potential hazards of treatment, and the likely results if the condition remains untreated. Your doctor must obtain your “informed consent” before they provide a medical treatment, surgery, or other procedure

When a doctor recommends that you or your loved one undergo a surgery or any other serious medical procedure, consider asking the following questions to make sure that you understand what is being recommended, the pros and cons of the recommended procedure, and whether you want to agree to it:

1.What is your condition or diagnosis? What is the nature and purpose of the recommended intervention?

Before you agree to treatment, you have the right to know what is your condition and what is the nature and purpose of any recommended intervention. Without a clear understanding of your health problem, it can be very difficult to know what the next steps should be. As the patient, it is important to ask questions and make sure you understand your medical issue and what is the plan moving forward.

2. Is there a more “conservative treatment” you could try first?

For many medical conditions, there are several non-invasive, conservative treatments that a patient can try before opting for surgery.  For example, if you have suffered a herniated disc or bulging disc in your spine after a car collision (also referred to as a slipped disc or ruptured disc), there are several non-surgical options available before undergoing surgery. As described by the Academy of Orthopedic Surgeons, non-surgical options include pain relievers, muscle relaxants, cold compresses, ice, exercise, traction, and epidural injections of a cortisone like drug. All injuries are patient specific and the right course of treatment is a decision that you need to make with your provider given your unique circumstances. But remember you have the right to ask if there are more conservative treatments available and discuss the risks and benefits of these treatments with your medical provider or doctor.

3. What are the benefits?  How likely is it that this procedure will make you better? What are the risks?  Could this procedure make your condition worse than it already is?

As a patient, you have the right to know what are the benefits and risks of a procedure.  No medical procedure is a 100% guarantee that your condition will resolve, and all procedures have inherent risks, such as infection or bleeding. Do not be scared to ask about the risks and benefits so you understand what you are about to undergo.

You have the legal right to make the decision regarding your health.

Ultimately, you have the legal right to determine your medical treatment. As stated by the famous Justice Cardozo in 1914, “[e]very human being of adult years and sound mind has a right to determine what shall be done with [their] own body.” See Schloendorff v. Society of New York Hospital, 211 N.Y. 125, 105 N.E. 92, 93 (1914). If you are subjected to a treatment that you did not agree to, then the medical provider or doctor performing the procedure may have violated your legal rights and committed medical malpractice.

If you are concerned that you did not consent to a medical intervention or are otherwise pursuing a medical malpractice case, the attorneys at Atkins & Walker Law can assess whether you were fully and fairly informed before you or your loved one underwent any medical procedure. All initial consultations for all medical malpractice cases are free.  At Atkins & Walker Law, we take pride in carefully looking at what happened, pinpointing what should have happened, and determining whether you have a viable medical malpractice case.