November 23, 2021
It is a recognized and accepted general rule in both Kentucky and West Virginia that the consent of a patient is required prior to treatment including surgical operations. As a condition to providing treatment to a patient, a medical provider is required to obtain the patient’s “Informed Consent.” This requirement exists because every patient has the right to make an informed decision regarding his or her medical treatment. As part of this process your medical provider must give you information regarding (1) the risks and benefits of the medical treatment or procedure, (2) the risks and benefits of alternative treatment choices, and (3) the consequences of receiving no medical treatment at all. A medical provider also has the duty to explain these options to you and to obtain your “Informed Consent” before beginning a particular type of medical treatment based upon your individual needs. The bottom line is that if you are not provided all this information then you may have a claim against your medical provider based upon lack of informed consent.