If you are one of the many patients who has awoken to discover he or she had suffered a surgical error in Kentucky, you are likely feeling a wealth of emotions. Anger, shock, and disbelief will set in quickly, but now you’re in a state of confusion: is there any way you could have told the doctor to do what he did?

There are generally two ways that patients can give their consent for a medical procedure. The first is express consent, which is typically given in writing. A written consent should include the name of the doctor who obtained the consent, the name of the doctor who is going to perform the procedure, and the date, time and location where the patient gave consent. This must be signed by anyone named in the document, including the patient.

But what if the patient is unable to give express consent? In order to protect the patient’s health, doctors are able to perform certain procedures with implied consent—an assertion that the patient was aware of the risks and would want the doctor to act in the patient’s best interests if complications arise.

Consent may be implied if:

  • A patient is receiving treatment for a simple (non-invasive) procedure. 
  • The doctor takes necessary actions to save a patient’s life while the patient is unable to respond.
  • The doctor performed an action that was not expressly permitted by the patient during a procedure that the patient gave consent for.

The important thing to remember is that doctors are required to obtain permission for any procedure that could affect your future abilities.Call Gray and White today at (800) 634-8767 or simply click the link on this page to get a FREE consultation on your Louisville medical malpractice case.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law
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