Informed consent means that a doctor in Westland must fully inform you about a medical treatment and obtain your approval. Without this consent, the doctor can be held legally responsible.
What does informed consent entail?
Informed consent refers to the conscious consent of a patient for a medical intervention. A doctor in Westland is obliged to:
- Inform you about the nature of the treatment
- Discuss possible alternatives
- Explain risks and side effects
- Obtain your explicit consent
Obligations of the doctor
A doctor must clearly inform you in Westland about the following aspects:
| Subject | Explanation |
|---|---|
| Type of treatment | What the procedure exactly entails |
| Objective | What the treatment aims to achieve |
| Possible risks | Any complications or side effects |
| Alternative options | Other ways of treatment |
| Consequences of not treating | What can happen without intervention |
When is a doctor liable?
If informed consent has not been correctly applied and a risk materialises, a doctor in Westland can be held liable:
- You were not informed about the risk that occurred
- With knowledge of the risk, you might have decided differently
- The damage is directly related to the undisclosed risk
Burden of proof
The doctor bears the burden of proof to demonstrate that informed consent was given:
- A signed consent form serves as evidence
- Notes in the medical record can support this
- In the absence thereof, the doctor must prove that the information was provided
Exceptions to informed consent
In some situations, informed consent is not required:
- In acute emergencies where the patient is unconscious
- If the patient explicitly states they do not want information
- If providing information could cause serious psychological harm (therapeutic exception)
I signed a form, but did not understand the risks. Is this valid consent?
It is not just about the signature, but whether you actually understood the information. The doctor in Westland must verify that you understood the explanation before you give consent.Which risks must a doctor mandatory mention?
All risks that could influence your choice, both common and rare but serious complications. Guidelines per medical specialty in Westland provide more details on this.Can I file a claim if the treatment went well, but I was not informed?
Without damage, there is no basis for a claim. You can file a complaint with the healthcare institution. For compensation, an undisclosed risk must have materialised.Frequently asked questions about informed consent in Westland
Is a signature always required for informed consent?
No, a signature is not mandatory, but it serves as strong evidence. The doctor must be able to demonstrate that you were properly informed and gave consent voluntarily, for example via record notes or oral confirmation.
What to do if I later find out I was insufficiently informed?
Check your medical record for notes on the information provided. If absent, you can file a complaint with the healthcare provider or complaints committee in Westland. In case of damage from an unmentioned risk, you can consider legal action via a lawyer specialised in medical law.
Does informed consent also apply to simple interventions such as blood draws?
Yes, informed consent is required for all medical treatments, even minor ones like blood draws. The doctor must explain what the procedure entails, why it is necessary and what risks there are (e.g. bruising or infection). For routine interventions, the explanation may be concise, but consent remains essential. You may always ask questions or refuse.
Can I withdraw my consent after signing?
Yes, you can withdraw your consent at any time, even during treatment. This must be clearly and timely communicated to the doctor. The treatment will then be stopped, unless it poses immediate danger to your health. The withdrawal will be noted in your record.
What if a 'very rare' risk occurs anyway?
The doctor must mention risks that could influence your decision, even if they are rare but serious. If an unmentioned risk occurs, the doctor may be liable. The District Court of The Hague assesses whether a reasonable person would have decided differently with knowledge of the risk. Evidence, such as records or witnesses, is essential here.
How do I know if I was sufficiently informed?
Ask yourself: would I have chosen this treatment in Westland if I knew all the risks and alternatives? If you are in doubt, discuss it with your doctor or ask for additional explanation.
For legal advice on informed consent in Westland, you can contact the Juridisch Loket Westland.