What is informed consent in birth injury cases?
Informed consent is an important legal concept that applies to all medical treatments, especially in cases involving birth injury. Put simply, informed consent is a patient’s consent, given after being informed of the risks and benefits, to the performance of any medical procedure or treatment. In birth injury cases, informed consent is an especially critical concept because a birth injury can have life-altering consequences for both the mother and the child. When the mother gives informed consent she is agreeing to the proposed medical treatment after being fully informed of the risks, complications, and benefits of the proposed treatment. Moreover, the doctor or medical facility must provide the mother with sufficient time and information to review the options and make an informed decision. If the doctor or medical facility fails to adequately inform the mother of the risks associated with the proposed birth injury procedure, then the doctor or medical facility may be liable for any resulting harm. In North Dakota, the informed consent rules are strictly followed because birth injuries can have such a profound and life-altering effect on both the mother and the child. Thus, if a medical provider fails to obtain informed consent prior to performing medical treatment he or she may be held responsible for any injury that the mother and/or child sustains. Therefore, it is important to be aware of the informed consent rules and ensure that they are followed.
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