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The Role of the Health Care Provider

Health care providers themselves, rather than a representative, nurse, or other related health care professional, are the best choice to speak to patients about informed consent. In discussing the matter with a patient, the health care provider should cover:

1. The patient's diagnosis, if it is known;
2. The nature and purpose of the proposed treatment or procedure, as well as the possibility of
    the procedure's success;
3. The benefits and/or risks of such proposed treatment and/or procedure;
4. The alternatives to the proposed treatment and/or procedure;
5. Alternatives to the treatment and/or procedure should be discussed regardless of the financial cost and regardless of whether they will likely be covered by the patient's health insurance;
6. The risks and benefits of an alternative treatment and/or procedure;
7. The risks and/or benefits of not receiving or undergoing any treatment and/or procedure.

A health care provider should also be sure patients understand what they're hearing. The patient, or the patient's legal guardian consenting to the treatment on the patient's behalf, must sign and date the informed consent documents, and must also be given a copy of the informed consent documents once they are signed and dated. A copy of such documents should also be placed in the patient's file.

A health care provider is required to inform a patient about risks, benefits, and alternative treatments. Patients also cooperate in the informed consent process. Patients must listen to the health care professional and should ask questions of him/her if they do not completely understand what is being explained or if they would like further detailed information.

Patients have the right to be fully informed of any information on all treatments and/or procedures to which they are subjected. Failure to provide such information can subject the health care providers to legal liability. If you feel you may have a claim based on the lack of informed consent, contact one of our experienced medical malpractice attorneys at once.

Medical malpractice is not limited to medical doctors only. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing health care services, such as nursing homes.

Hospital

Hospitals are corporations that are either public or private entities. In some medical malpractice actions, hospitals can be held directly liable for their own negligence. Hospitals can also be held vicariously liable for the negligence of their employees, meaning a party is not held responsible for its own negligence, but for the negligence of another.

A hospital's medical staff will consist of licensed physicians and other licensed health care providers, such as nurses, physician's assistants, and nurse practitioners. Before hiring its medical staff, a hospital must make reasonable inquiries into an applicant's education, training and licensing. If a hospital neglects to make reasonable inquiries regarding a member of its medical staff, it may be held liable under the corporate negligence doctrine for negligent supervision or retention, if the staff member's negligent care causes injury to a patient. Hospitals are required to be sure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. Another area of possible liability happens when a hospital's employees fail to follow the orders of a patient's private health care professional.

Finally, hospitals may be held liable for failing to protect patients from harm, adequately perform clinical tests, keep accurate medical records, and properly admit and/or discharge patients. Pertaining to admissions, hospitals are generally required to treat seriously injured or ill people on an emergency basis, and refusing to do so may result in hospital liability. Furthermore, federal and state statutes prohibit hospitals from discriminating against people based on their race, color, religion or national origin, or on their inability to pay for treatment.