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Medical Malpractice Guide

Informed Consent

What informed consent requires and when lack of consent is malpractice.

Informed consent and patient rights

Providers must disclose material risks, benefits, and alternatives. Failure to disclose can be actionable if the undisclosed risk occurs.

  • Material risks vs minor risks
  • Consent documentation and language access
  • Capacity and surrogate decision-makers
  • Emergency exceptions

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Disclaimer: Laws differ by state and change over time. Always consult a licensed attorney in your jurisdiction.