How an Indianapolis Informed Consent Lawyer Can Help

Medical procedures come with risks, but patients have the right to make informed decisions about their care. Doctors can be held accountable when they fail to disclose key risks, misrepresent information, or perform unauthorized procedures. Our legal team provides comprehensive support in these cases by:

  • Investigating medical records to identify what information the doctor provided or withheld.
  • Working with medical experts to determine whether the provider met informed consent standards.
  • Negotiating with insurance companies or taking cases to court if necessary.
  • Fighting for compensation for medical bills, pain and suffering, lost wages, and other damages.

Choosing the right attorney is essential when dealing with medical malpractice claims. There are many questions to ask a personal injury attorney that can help you understand their experience, approach, and ability to handle your case effectively. 

What Is the Informed Consent Law in Indiana?

Indiana’s medical malpractice system requires doctors to fully disclose all material risks before performing a medical procedure. Patients must receive clear explanations of potential complications, alternative treatments, and expected outcomes to make informed decisions.

The Indiana Medical Malpractice Act (Indiana Code § 34-18-1-1) sets legal standards for informed consent to ensure medical providers communicate key risks accurately. According to this law, failing to provide this information constitutes medical malpractice.

If a doctor omits critical risks, misrepresents success rates, or performs unauthorized procedures, they may be held legally responsible for resulting injuries. We can help you file a claim by demonstrating you would’ve declined the procedure had you been properly informed.

What Are the Requirements for Informed Consent?

Before performing a medical procedure, Indiana law requires doctors to provide patients with essential information so they can make informed decisions about their care. This includes:

  • Explanation of the procedure: Doctors must clearly describe what the procedure involves, including its steps, purpose, and expected outcome, so patients understand what to expect before agreeing to treatment.
  • Disclosure of risks and complications: Physicians must explain all potential risks, side effects, and possible complications, including rare but serious outcomes, to ensure patients fully grasp the consequences of undergoing the procedure.
  • Discussion of alternative treatments: Patients have the right to know about all reasonable treatment options, including non-surgical or less invasive alternatives, so they can choose the best course of action for their health.
  • Voluntary consent: Doctors must allow patients to ask questions, discuss concerns, and provide consent without pressure, ensuring they make their decisions freely and with full understanding.

Can You Sue If You Signed an Informed Consent Form?

Yes, you can sue even if you signed an informed consent form. Signing the form does not waive your right to legal action if the doctor fails to provide complete and accurate information about the procedure, its risks, or alternative treatments. Consent is only legally valid when patients receive complete and accurate information before agreeing to a procedure.

Additionally, if a doctor performs an unapproved or unauthorized procedure beyond what was agreed upon, it may constitute medical malpractice. Our legal team can assess whether the provider breached the standard of care and explain how medical malpractice differs from negligence during a free consultation, helping you determine if you have a valid claim.

Does Informed Consent Hold Up in Court?

Courts evaluate whether a “reasonable patient” would’ve consented to the procedure if they had been given complete and accurate information. If it’s determined that a patient would’ve refused treatment due to undisclosed risks, the doctor may be found liable.

Medical expert testimony is often used in these cases to establish whether a healthcare provider met the appropriate standard of care. Expert witnesses assess whether the information provided to the patient was sufficient and truthful based on medical guidelines.

There are exceptions to informed consent requirements, such as emergency situations where doctors must act quickly to save a life. In these cases, the law acknowledges that obtaining formal consent may not be possible, provided the treatment is deemed necessary and appropriate under the circumstances.

Common Examples of Informed Consent Violations

Doctors must provide clear, honest information so patients can make informed decisions about their treatment. Some of the most common ways they fail to do so include:

  • Failure to disclose severe complications: Doctors must inform patients of serious risks, such as paralysis, organ damage, or life-threatening complications, so they understand the potential consequences before consenting to a procedure.
  • Performing additional procedures: Physicians cannot go beyond the agreed treatment plan unless a true medical emergency makes immediate action necessary. 
  • Misrepresenting success rates or downplaying risks: Doctors must provide accurate information about the effectiveness of a procedure and its potential complications. Misleading patients about the likelihood of success can result in unexpected harm.
  • Not informing patients of non-surgical alternatives: Patients have the right to know about less invasive treatment options, such as medication or physical therapy, before agreeing to surgery.

Contact an Indianapolis Informed Consent Lawyer for a Free Consultation – We’ve Been Fighting for the Injured for Over 40 Years

Undergoing a medical procedure without proper informed consent can lead to serious, unexpected consequences. If a doctor failed to disclose key risks, misrepresented the procedure’s success rate, or performed an unauthorized treatment, you may have legal grounds to seek compensation. 

For over 40 years, Christie Farrell Lee & Bell’s legal team has fought for injured patients across Indiana. With a proven record of holding negligent healthcare providers accountable and securing maximum compensation, we’ve built a reputation for dedication and effective legal representation.

So, if you underwent a medical procedure without proper informed consent and suffered harm as a result, don’t navigate this alone. Contact an Indianapolis informed consent lawyer today to schedule a free consultation.