Under the doctrine of "informed consent," you have a right to be given sufficient information to make an intelligent decision regarding your medical care. This is because you have the right to decide what happens to your body. To be fully informed before you can consent to medical treatment you should be told:
The nature and character of the proposed treatment;
The anticipated results of the proposed treatment;
The recognized possible alternative treatments; and
The recognized possible risks, complications, and anticipated benefits involved in the treatment, including non-treatment.
You may choose not to be informed of the above information.
Contact a lawyer. If you have been hurt by your health care provider's failure to obtain your informed consent, you may be entitled to money damages. If a lawyer thinks you have a good case, the lawyer might take your case on a "contingency fee" basis. This means you will not have to pay the lawyer any fees at the beginning of the case or if you lose the case. If you win the case, the lawyer's fee will be a percentage of the money you are awarded. The amount of that percentage will be determined by the contract you sign with the lawyer. Read any contract carefully before you decide to sign it. A lawyer should consult with you for free to determine if you have a good case. To find a lawyer, consult the Yellow Pages or your local bar association.
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of the date of its printing, October 2000.
Information, Not Legal Advice. We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. Most of the information provided on this web site is specific to Washington State law.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through your local legal aid organization. Always talk to a competent lawyer, if you can, before taking legal action.
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