How Informed Consent Affects Your Right to Sue

Medical care requires trust. Patients rely on doctors to explain the details of treatment, including risks, alternatives, and potential outcomes. When that trust is broken and medical malpractice occurs because a patient wasn’t fully informed, the consequences can be painful and life-changing.

Many individuals discover only after a medical procedure that they didn’t receive complete information about the treatment’s risks. Feeling confused or betrayed is understandable. Patients need transparency from their medical providers about every decision affecting their health. At Justin Lowe & Associates, the attorneys provide guidance to individuals who believe they didn’t receive proper informed consent from a medical provider and prior to treatment or surgery.

Located in Oklahoma City and serving individuals in the Oklahoma City metro, Edmond, Norman, Guthrie, Yukon, and surrounding areas throughout the State of Oklahoma, the firm helps families understand how a lack of informed consent can lead to a medical malpractice claim. Contact Justin Lowe & Associates today to speak with a medical malpractice attorney or an experienced member of our medical malpractice team.

What Informed Consent Means

Informed consent is a legal and ethical standard requiring healthcare providers to explain a surgery or treatment’s nature, benefits, risks, and alternatives before it begins. Patients must have the opportunity to ask questions of their medical provider and to make voluntary informed decisions about their medical care.

This process protects patient autonomy. Without informed consent, medical treatment can cross the line into medical malpractice. When a patient suffers harm because they weren’t properly informed, they may have legal grounds to take action and file a medical malpractice claim.

Oklahoma law supports patients’ rights to make informed medical decisions. A signed consent form alone isn’t enough—it must reflect that real communication took place between the medical provider and the patient, and that the patient understood the risks involved in their medical care, surgery, or treatment.

When Consent Becomes Invalid

Even when paperwork is signed, consent may be legally invalid if it wasn’t given freely by the patient or if essential details were withheld by the medical provider. Patients can’t make informed decisions about their medical care without accurate information about what might happen.

Invalid consent often occurs when:

• Information is incomplete: Doctors fail to disclose major risks, side effects, or potential outcomes of the proposed medical care.

• Pressure is applied: Patients feel rushed or coerced into agreeing to medical care when they are still unsure or still have questions.

• Capacity is compromised: Patients are sedated, confused, or otherwise unable to understand the potential outcome or risks of the proposed medical care.

In each of these scenarios, the patient’s ability to choose freely is compromised. When harm to the patient follows, this can form the foundation for a medical malpractice claim.

Emergencies and Consent

In medical emergencies, informed consent can be more complicated. If a patient is unconscious or unable to communicate, doctors may act without explicit consent to save a life.

However, once the emergency passes, doctors still must communicate about further medical care or treatments and risks before proceeding. Continued care without informed consent—when communication is possible—may cross into medical malpractice territory.

Oklahoma courts often look at whether a reasonable doctor would’ve acted similarly in that situation. The focus isn’t only on what was done, but whether the lack of communication caused unnecessary harm.

How a Lack of Consent Affects Your Right to Sue

A patient can bring a medical malpractice claim in Oklahoma if the lack of informed consent directly led to harm. The harm might be physical, emotional, or financial, but it must stem from the treatment performed without proper informed consent.

For example, if a doctor failed to disclose a significant surgical risk and the patient suffered that exact complication, the omission could justify legal action or medical malpractice. However, if the risk was known to the patient and the patient chose to proceed, then a lawsuit may be less likely to succeed.

To pursue a medical malpractice claim, evidence must show that the medical provider withheld critical information from the patient and that this omission changed the patient’s decision-making process. An experienced medical malpractice attorney can assess these factors carefully.

Building Evidence in an Informed Consent Case

Proving medical malpractice related to informed consent requires clear evidence of communication failures. Attorneys often gather documents and witness accounts that demonstrate how the informed consent process was handled.

Key sources of evidence include:

• Consent forms: Reviewing what the patient signed versus what was discussed.

• Medical records: Comparing notes, treatment plans, and documented risks.

• Patient communication: Recalling conversations, emails, or post-treatment disclosures.

This evidence helps show whether the patient had a fair opportunity to understand the medical procedure and its known risks. In Oklahoma, hospital and clinic records must accurately reflect discussions about treatment and consent.

Miscommunication and Misunderstanding

Not every case of incomplete consent stems from intentional misconduct. Sometimes, the issue is miscommunication. Medical terms can be confusing, and doctors might assume a patient understands more than they do.

Patients should always feel comfortable asking questions or requesting written explanations. If information was unclear or omitted, the patient’s consent may not meet legal standards.

Medical malpractice claims don’t exist to punish honest mistakes but to hold professionals accountable when communication failures cause harm. Experienced medical malpractice attorneys help clarify whether the lack of understanding was preventable and legally significant to a medical malpractice claim.

Exceptions to the Informed Consent Rule

While informed consent is essential, there are a few limited exceptions under Oklahoma law. Doctors may proceed without detailed consent if immediate action is needed to prevent serious harm or death.

In these cases, courts typically consider whether a reasonable physician in the same situation would’ve acted the same way. If the decision was medically justified, it may not constitute medical malpractice.

However, these exceptions don’t excuse ongoing treatment without discussion. Once a patient regains the ability to decide, continued care without proper consent may still create liability.

Protecting Your Rights After a Consent Violation

Patients who suspect they didn’t give valid consent should act promptly. Medical malpractice claims in Oklahoma have strict deadlines, so early action helps preserve vital evidence.

Collecting paperwork, timelines, and written communications is an effective first step. It’s also important to request copies of any signed consent forms to review what was actually documented.

An experienced medical malpractice attorney can help evaluate whether consent was properly obtained and whether the lack of disclosure contributed to harm. This guidance allows families to make informed choices about next steps.

Emotional Impact of Violated Consent

Beyond the physical harm, lack of informed consent often causes deep emotional distress. Patients who discover they underwent treatment without a full understanding may feel betrayed or powerless.

These experiences can erode trust in the medical system and affect future healthcare decisions. Emotional harm can be part of a medical malpractice claim, especially when it accompanies physical injury or long-term consequences.

Oklahoma law acknowledges that patient trust and autonomy are fundamental to ethical care. Violating these principles can have lasting effects that should have recognition and response.

What Patients Can Do to Protect Themselves

Taking an active role in medical care helps reduce the risk of consent issues. Patients should communicate openly with doctors and seek second opinions when uncertain.

Practical steps include:

• Ask detailed questions: Request explanations about recommended procedures, the possible risks, and any alternatives.

• Keep documentation: Save copies of all consent forms, medical summaries, and literature given to you by your medical provider

• Involve a trusted person: Bring a friend or family member to appointments for support and to be another ear or to take notes of what the medical provider is telling you.

By staying informed, patients protect their rights and encourage transparency in medical care. Still, even careful patients can face harm when medical providers fail to uphold their duties.

Legal Remedies for Lack of Informed Consent

If a patient is harmed because they weren’t properly informed, legal action may help recover losses for medical expenses, lost income, and long-term effects. The goal of a medical malpractice case isn’t revenge—it’s accountability.

A medical malpractice attorney reviews records, consults with experts and professionals, and evaluates whether the medical provider met professional standards. The process can clarify what went wrong and whether it qualifies as medical malpractice under Oklahoma law.

Legal action also encourages better communication practices in healthcare, promoting greater patient safety for others in the future.

Protect Your Health Decisions With Justin Lowe & Associates

Lack of informed consent can leave patients feeling vulnerable and uncertain about their future. Justin Lowe & Associates, located in Oklahoma City and serving clients in the Oklahoma City metro, Edmond, Norman, Guthrie, Yukon, and surrounding areas throughout the state of Oklahoma, helps individuals understand how consent violations can relate to medical malpractice and what options are available.

With guidance from an experienced medical malpractice attorney, patients can take control of their healthcare decisions and protect their rights when communication breaks down. Contact Justin Lowe & Associates today to speak with a medical malpractice lawyer who can provide direction and clarity during this difficult time.