When you walk into a doctor’s office in Charleston, you place tremendous trust in medical professionals. You expect them to explain procedures, discuss risks, and allow you to make educated decisions about your health care. This expectation is not just common courtesy but a legal requirement that protects patients across South Carolina and forms the foundation of the doctor-patient relationship.
Informed consent medical malpractice cases represent a significant portion of claims handled by Charleston medical malpractice attorneys. These cases arise when healthcare providers fail to properly communicate essential information before performing procedures or treatments. At Briggs Law Group, we have represented numerous clients whose lives changed because a physician failed to obtain proper consent before moving forward with medical interventions.
What Medical Professionals Must Disclose
South Carolina law establishes clear standards for what doctors must tell patients before treatment. The state follows a “reasonable patient” standard, which means physicians must disclose information that a reasonable person would consider significant when making healthcare decisions.
Doctors have a duty to explain several critical elements. They must describe the proposed treatment or procedure in language patients can grasp. They need to outline potential risks and complications, even those that occur infrequently but carry serious consequences. Physicians should discuss alternative treatment options, including the choice to refuse treatment altogether. They must also explain what might happen if a patient declines the recommended intervention.
A cardiac surgeon preparing to perform bypass surgery cannot simply hand a patient a form to sign. The surgeon must sit down and explain how the procedure works, discuss risks like infection or stroke, mention alternative treatments such as medication or lifestyle changes, and answer questions the patient raises. This conversation creates the foundation for genuine informed consent.
When Lack of Informed Consent Becomes Malpractice
A lack of informed consent transforms into actionable malpractice when specific conditions align. The healthcare provider must have failed to disclose material information about risks or alternatives. The patient must suffer an injury that relates directly to the undisclosed risk. Most importantly, the patient must demonstrate they would have declined the procedure or chosen a different course of action had they received complete information.
These cases differ from traditional malpractice claims where a doctor’s technical performance is questioned. A surgeon might perform a procedure flawlessly from a technical standpoint. However, if that surgeon failed to warn the patient about a known risk that later materialized, the lack of informed consent creates liability regardless of surgical skill.
The law provides healthcare facilities with some protection through properly executed consent forms. However, a signed form does not automatically shield providers from liability. Courts examine whether the consent process was meaningful and whether patients truly received adequate information to make informed choices.
Types of Medical Procedures Requiring Detailed Consent
Certain medical interventions demand particularly thorough consent discussions because of their complexity or risk profiles. These include:
- Surgical procedures that involve cutting into the body, whether minor outpatient operations or major surgeries requiring hospitalization
- Experimental treatments or medications not yet approved for widespread use, including clinical trial participation
- High-risk diagnostic procedures such as cardiac catheterization, lumbar punctures, or biopsies that carry significant complication rates
- Cancer treatments, including chemotherapy, radiation, and immunotherapy, that produce severe side effects and varying success rates
Each of these situations requires physicians to invest substantial time explaining options and answering questions. A patient considering a mastectomy for breast cancer needs to hear about reconstruction options, the possibility of lymphedema, psychological impacts, and alternative approaches like lumpectomy combined with radiation.
Building a Lack of Informed Consent Lawsuit
Pursuing a lack of informed consent lawsuit requires careful documentation and expert testimony. Patients must prove they never received crucial information before agreeing to treatment. This proof might come from medical records showing minimal documentation of consent discussions, testimony from nurses or other staff present during appointments, or the patient’s own recollection of conversations with providers.
Expert witnesses play a vital role in these cases. Medical experts testify about what a reasonable physician should have disclosed given the circumstances. They explain how the undisclosed risk compares to other potential complications and whether the average patient would consider this information significant. Legal experts may also weigh in on whether consent procedures met professional standards.
The timeline matters in these cases. South Carolina imposes a three-year statute of limitations for medical malpractice claims, starting from when the injury occurred or when the patient reasonably should have discovered it. This deadline creates urgency for patients who suspect their consent was inadequate.
Emergency Exceptions and Special Circumstances
Medical emergencies create exceptions to standard consent requirements. When a patient arrives unconscious at an emergency room after a car accident, doctors can perform life-saving procedures without explicit consent. The law assumes patients would consent to necessary emergency care if they could communicate.
However, this exception has limits. Once a patient stabilizes and regains consciousness, normal consent rules resume. Emergency physicians cannot continue performing procedures indefinitely without discussing options with patients or their designated decision-makers.
Patients who lack the capacity to consent present additional challenges. When cognitive impairment prevents someone from making informed decisions, healthcare providers must work with legally authorized representatives. These might include:
- Court-appointed guardians with specific authority over healthcare decisions
- Healthcare power of attorney agents designated in advance directives
- Family members in a hierarchy established by South Carolina law when no formal designation exists
- Healthcare proxies identified through facility policies and procedures
Even in these situations, providers should include patients in discussions to the extent possible and respect their preferences when appropriate.
Areas We Serve Throughout the Lowcountry
Briggs Law Group represents clients throughout Charleston and the surrounding communities. We serve residents in the following areas:
- Charleston County: 29401, 29403, 29405, 29407, 29409, 29412, 29414, 29418, 29420, 29424, 29455, 29492
- Berkeley County: 29445, 29461, 29485, 29510
- Dorchester County: 29437, 29456, 29470, 29483
Our local presence means we know Charleston-area hospitals, medical centers, and healthcare providers.
Take Action After Inadequate Consent
If you believe a healthcare provider failed to obtain proper informed consent before a procedure that harmed you, contact our experienced medical malpractice attorney today. At Briggs Law Group, we evaluate each case carefully to determine whether a lack of informed consent contributed to your injuries and what legal options exist for seeking compensation.