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Consent and Emergency Medicine

All doctors take the Hippocratic Oath swearing to always serve people with practices that aim to hold their life and health in the utmost regards. Though they carry this occupational and ethical obligation, they are also required to follow the requests of their patients. Every person who is considered a mentally capable adult has the ultimate authority over what happens to his or her body.

Doctrine of Informed Consent

The law upholds this through the doctrine of informed consent which lists the criteria required for a patient to be considered legally informed. A patient must have a reasonable knowledge of the procedure to be performed as well as some understanding of the nature of the risks involved. A physician is generally obligated to disclose:

  • Diagnosis
  • Nature of proposed treatment
  • Medically recognized alternative measures
  • Consequences of the patient’s decisions to decline or refuse treatment

Exceptions to the Doctrine

It is not required that a physician disclose all risks if doing so would pose a serious threat to the patients well being. In emergency medicine, the law recognizes that the process of information a patient could be time consuming and exacerbate the emergency situation putting the victim's life at greater risk. Patient consent is presumed to exist for medical treatment to treat the emergency.

If you or someone you know has been injured further by a medical professional's intervention that was against your consent or when you were not fully informed, you have a right to hold them accountable.

Speak with a Kenosha Emergency Consent Lawyer

Contact the Kenosha emergency consent lawyers of Habush Habush & Rottier S.C. ® at 866.499.4700 for a free initial consultation. We are a firm that cares and will take care of you.