When you step into a doctor’s office or hospital, you trust that the care you receive is not only skillful but also respects your right to make informed decisions about your own health. In Michigan, one of the most critical and often misunderstood aspects of medical malpractice law is the concept of lack of informed consent. If a healthcare provider fails to properly inform you about the risks, benefits, and alternatives of a proposed treatment or procedure, and you suffer harm as a result, you may have grounds for a medical malpractice claim. In this article, we’ll break down what lack of informed consent means in Michigan, how it connects to medical malpractice, and what steps you can take if you believe your rights have been violated.

Understanding Informed Consent in Michigan Medical Care

Informed consent is much more than just a signature on a form. It’s a process that requires healthcare providers to share all necessary details about a treatment, procedure, or medication with the patient. In Michigan, the law obligates doctors and other medical professionals to explain the nature of the proposed treatment, its expected benefits, potential risks and side effects, reasonable alternatives, and the likely outcome if the treatment is not pursued. This process empowers patients to make knowledgeable decisions about their health.

Imagine you’re scheduled for surgery. Your surgeon should sit down with you and clearly explain not only how the surgery will proceed, but also what could go wrong, what other options you might have, and what happens if you decide not to go through with it. Only after you understand these details and voluntarily agree should the procedure move forward. Failing to provide this information can have serious consequences and is a frequent root of medical malpractice cases involving lack of informed consent.

How Lack of Informed Consent Leads to Michigan Medical Malpractice Claims

Medical malpractice in Michigan is not only about surgical mistakes or misdiagnosis. It can also involve a provider’s failure to obtain informed consent. You place your trust in medical professionals to guide you, but ultimately it is your right to say yes or no to any treatment. When a doctor does not fully inform you of what a procedure entails, or withholds crucial information about risks or alternatives, they undermine your autonomy.

To establish a medical malpractice claim based on lack of informed consent, you’ll need to show the following:

• The healthcare provider failed to disclose information that a reasonable person would consider significant in deciding whether to proceed with the treatment.
• If you had been properly informed, you would not have agreed to the procedure.
• You suffered harm as a result of the provider’s omission.

For example, suppose a patient undergoes a procedure that results in a serious complication, and they were never told this complication was a risk. If it can be shown that a reasonable person in the patient’s position would have declined the treatment had they known all the facts, this may constitute grounds for a medical malpractice claim. If you’re asking yourself whether your doctor gave you all the relevant details before your surgery or treatment, and you later suffered harm, it may be time to consult a Michigan medical malpractice lawyer.

Statute of Limitations and Filing a Medical Malpractice Claim in Michigan

Time is a crucial factor when it comes to medical malpractice claims in Michigan. The law sets specific deadlines, or statutes of limitations, for filing a claim. Generally, you must file a medical malpractice lawsuit within two years of the alleged negligent act or omission. If you discover the malpractice later, Michigan law allows you six months from the date you discovered or should have discovered the injury to file a claim, but never more than six years from the original incident except in cases involving fraud or concealment.

This means that if you believe your injury or worsened condition stems from a lack of informed consent, you need to act quickly. Starting the process early also gives your legal team sufficient time to investigate your case, gather evidence, and secure the testimony needed to build a strong claim. Working with a top-rated medical malpractice lawyer can help you navigate these strict timelines and ensure your rights are protected.

Proving Lack of Informed Consent: Evidence and Legal Strategies

Proving a lack of informed consent claim goes beyond your recollection of a conversation with your doctor. Evidence is key. Medical records, signed consent forms, written instructions, and notes from your medical provider can all play a role. Sometimes, these documents may show that a discussion took place, but that doesn’t always mean the necessary information was actually shared or understood.

Witness testimony can also be important. For example, a family member present during a pre-surgical consultation may recall what was or wasn’t discussed. In Michigan, your medical malpractice attorney may also consult other medical professionals to establish what a reasonable provider would have disclosed in your situation.

It’s worth noting that not every bad outcome is malpractice. Even with informed consent, treatments can go wrong. But if you can demonstrate that you would have chosen differently had you been properly informed, and that this decision would have avoided your injury, you may have a valid claim. This is why consulting with an experienced Michigan medical malpractice lawyer is so important. They will assess your case, gather the necessary evidence, and develop a compelling legal strategy on your behalf.

Choosing the Right Michigan Medical Malpractice Lawyer for Your Case

Medical malpractice law is complex and choosing the right attorney can make all the difference. You deserve someone who knows the ins and outs of Michigan’s legal landscape and who has a proven record in handling lack of informed consent claims. Look for a Michigan medical malpractice lawyer who will take the time to listen to your story, review your records, and explain your options in clear, straightforward terms.

A strong legal team will also have access to medical professionals who can review your case and provide expert opinions, which are often necessary to move forward with a claim. Don’t hesitate to ask about your attorney’s experience with similar cases, their approach to client communication, and their fee structure. Many reputable firms, including Sommers Schwartz, P.C., offer free initial consultations, so you can get answers to your questions without financial risk.

If you or a loved one has suffered harm due to a healthcare provider’s failure to obtain proper informed consent, you are not alone. Protect your rights and get the support you need by reaching out to a qualified medical malpractice lawyer today.

FAQs About Lack of Informed Consent and Michigan Medical Malpractice Claims

What is considered “informed consent” in Michigan medical care?

 Informed consent means your healthcare provider has explained the treatment or procedure, including its risks, benefits, alternatives, and what may happen if you refuse. You must understand this information and voluntarily agree before treatment begins.

How do I know if I have a lack of informed consent medical malpractice case in Michigan?

 If you were not informed of significant risks or alternatives before your treatment and suffered harm as a result, you may have a claim. A Michigan medical malpractice lawyer can review your situation and advise on your options.

What types of evidence help prove lack of informed consent in a lawsuit? 

Useful evidence includes medical records, consent forms, notes from your provider, witness statements, and testimony from other medical professionals about what should have been disclosed in your case.

How long do I have to file a medical malpractice claim based on lack of informed consent in Michigan? 

Generally, you have two years from the date of the alleged malpractice to file a claim, or six months from the time you discovered or should have discovered the harm, but not more than six years from the incident in most cases.

Other Resources About Consent and Communication Failures

• Failure to Document Patient Interactions Properly and Michigan Medical Negligence Claims
• Failure to Follow Patient Instructions or Preferences and Medical Malpractice
• Failure to Disclose Alternatives or Risks and Medical Malpractice Claims in Michigan
• Lack of Informed Consent and Michigan Medical Malpractice Claims