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In What Situations Is It Not Required To Obtain Informed Consent?

While informed consent is a critical component of the healthcare and treatment process, there are certain situations that do not legally require it. It is wise to know what these situations are in case you ever experience such a circumstance. Read on to learn more about when it is not required to obtain informed consent from a patient.

Exceptions to Informed Consent

There are three exceptions to the informed consent requirement, including when you:

  • Are incapacitated,
  • Face a life-threatening emergency with insufficient time to gather consent, and
  • Have voluntarily waived consent.

If for some reason your ability to make choices is questionable or blurred, it may be requested that a psychiatrist evaluate your competency level.

If you cannot independently make your own decisions but you have not designated a legal decision-maker, the New York hierarchy of decision-makers will be called upon to identify the next legal surrogate decision-maker. If this does not work, the court may need to appoint a legal guardian to make decisions about your healthcare for you.

Minors Cannot Provide Informed Consent

Typically, minors may not provide their own informed consent. As a result, it is up to the parents of the child to allow for medical treatments or interventions. When it comes to minors under the age of eighteen, the term is not informed consent, but instead changes to informed permission.

Note: A legally emancipated minor may usually decide what happens with their own medical care.

If Your Rights Are Violated, We’re Here to Help

If your physician failed to obtain informed consent from you in a situation other than those listed above and you were hurt as a result, you may be able to recover compensation for medical malpractice. Don’t hesitate to reach out to our team right away with any questions you may have about your case or the legal process. We’re ready and willing to do what it takes to help you now.

Contact our experienced attorneys at Cherundolo Law Firm, PLLC today by calling (315) 544-3332 or by filling out our online contact form.