Understanding Informed Consent Violations in Washington State Medical Claims

Hundreds of thousands of medical procedures happen every single day in Washington State. They run the gamut from blood tests to epidurals and everything in between. They play roles in pretty much all aspects of healthcare, whether we’re talking about preventative care, diagnosing a medical condition, or treating a known health condition.

However, medical procedures aren’t without their risks.

When you agree to undergo a medical procedure, you’re putting a huge amount of trust in your doctor. You’re not just trusting that they know what to do. You’re trusting them to tell you what you need to know to make an informed decision about the procedure in the first place.

But what happens if they don’t?

In Washington State, informed consent is a legal requirement. And if a healthcare provider skips over crucial information or doesn’t disclose real risks, you might have grounds for a medical malpractice claim.

If you’re wondering whether your doctor gave you the full picture, here’s what you need to know about informed consent violations, how the law works in Washington, and when it’s time to call a medical malpractice lawyer.

What does “informed consent” really mean?

In plain terms, informed consent means that before a doctor treats you, they’ve explained enough about the treatment for you to make an educated choice. That explanation should cover:

• What diagnosis or medical condition is being treated
• What the proposed treatment or procedure is
• What known risks and potential complications exist
• Alternatives to the proposed treatment, including doing nothing
• Possible outcomes (both positive and negative)

It’s not enough for your doctor to say, “This is what we’re doing.” You have a right to ask questions, weigh your options, and say “no” if you’re not comfortable.

If your doctor doesn’t go over everything or gives you misleading or incomplete information, it may mean that they violated your informed consent.

Washington’s informed consent laws: Your legal protections

Washington State has very clear rules when it comes to informed consent. According to RCW 7.70.050, a healthcare provider has to get your “informed consent” before performing any medical treatment or procedure. The law outlines that for consent to be considered “informed,” you have to understand:

• The nature and purpose of the treatment
• Risks and possible complications with the treatment
• Reasonable alternatives to the treatment
• The most likely outcome if you don’t get treatment

The point of the law is that you should go into a medical procedure knowing what to expect, including risks and worst-case outcomes.

When informed consent becomes a legal issue

Not every bad outcome in medicine is malpractice. However, if a doctor fails to share important information and that leads to harm, you may have a valid medical malpractice claim based on a lack of informed consent.

Here are some common scenarios that could point to such a situation:

• You suffered a complication the doctor never warned you about.
• The doctor didn’t tell you about a safer or less invasive option.
• You were pressured into a procedure without time to consider alternatives.
• You were unconscious or sedated before learning the risks.
• You only found out the full risks after something went wrong.

In each of these cases, the core issue is the same: you didn’t have all the information to make a decision, and that lack directly led to harm.

How doctors and hospitals try to avoid liability

Don’t be surprised if the healthcare provider pushes back if you bring a claim for lack of informed consent. Hospitals and doctors may claim:

• “We told you everything.” They may claim that risks were disclosed, even if the conversation never happened.
• “You signed the paperwork.” A signed consent form is not the same as informed consent (although it may be strong evidence of it).
• “The outcome was unavoidable.” Providers may argue that even if they’d told you everything, the harm would’ve happened anyway.
• “You would’ve consented regardless.” This defense tries to prove that a “reasonable patient” would have agreed to the treatment even knowing all the facts.

An experienced medical malpractice lawyer knows how to counter these arguments and show that your doctor fell short of the legal standard.

Proving an informed consent violation in Washington

To win an informed consent claim in Washington, you’ll need to prove three things:

1. The doctor failed to disclose material information. You have to show that they didn’t fully explain the risks, alternatives, or outcomes.
2. A reasonable person in your position would’ve made a different choice. This is an important part of Washington law. It’s not just about your choice. It’s really about what a reasonable patient would have done with all the information.
3. You were harmed as a result. You have to show that the outcome was worse because you didn’t have all the facts.

This can be a complex area of law that may come down to expert testimony and medical records. A knowledgeable attorney will help you gather the evidence, consult with medical experts, and build a strong case.

What makes informed consent violations hard to spot?

One of the biggest challenges is that many patients don’t even realize their rights were violated. That’s especially true if the consent form was signed and everything seemed aboveboard. You may not know what your doctor left out, or that you had alternatives in the first place.

That’s why it’s worth reviewing your case with an attorney if:

• You had an unexpected complication.
• You were surprised to learn about the risks after the procedure.
• You felt rushed or pressured into agreeing.
• You think the doctor glossed over key information.
• You would’ve made a different decision if you’d known more.

Don’t assume that what happened to you is just the price of getting treatment. You have legal rights, and doctors have legal duties.

What kind of compensation can you recover?

If your informed consent violation amounts to medical malpractice, you may be entitled to compensation for:

• Medical expenses (past and future)
• Lost wages or loss of earning potential
• Pain and suffering
• Emotional distress
• Loss of quality of life

When should you call a medical malpractice lawyer?

If you’re not sure whether your case qualifies as an informed consent violation, talk to a medical malpractice lawyer. They can review your medical records, discuss your legal options, and help you decide what to do. The earlier you get legal advice, the better your chances of gathering strong evidence and filing within Washington’s statute of limitations.

You deserved the truth

Informed consent is about respect for your choices and your right to make decisions about your own health. When doctors fail to live up to their obligations, the consequences can be devastating. If you’re living with those consequences, don’t face them alone. Our Smith McBroom Injury and Accident Lawyers understand informed consent laws and can help you fight for the accountability and compensation you deserve.