In Washington State, lack of consent in medical care—specifically, failure to obtain informed consent—occurs when a healthcare provider does not adequately inform a patient about key aspects of a proposed treatment.

Relationships between healthcare providers and patients are built on trust. Patients rely on their doctors to listen to their concerns, order the right diagnostic tests, and explain treatment options clearly before moving forward. When surgery or other invasive procedures are recommended, medical professionals must first obtain the patient’s informed consent. The American Medical Association’s Code of Moral Ethics explains:

“The process of informed consent occurs when communication between a patient and physician results in the patient’s authorization or agreement to undergo a specific medical intervention.”

Under RCW 7.70.050, failure to obtain informed consent occurs when a healthcare provider fails to disclose material facts, including:

• The nature and purpose of the treatment
• Potential risks and complications
• Expected outcomes
• Available alternatives – including the option of no treatment

As a patient, you have the right to make your own healthcare decisions. In order to do so, medical providers must give you the accurate and understandable information you need to make these decisions.

Exceptions for Emergencies

Exceptions exist in emergencies where a patient is incapacitated and no authorized decision-maker is available. A provider may proceed without consent to save the patient’s life or prevent serious harm. In these cases, the physician should inform the patient or surrogate as soon as possible and obtain consent for ongoing treatment.

Can Patients Sue for Lack of Informed Consent in Washington State?

Under RCW 7.70.030, medical providers in Washington state have a legal obligation to obtain a patient’s informed consent before administering medical care. If a patient did not give informed consent and suffers harm, the provider may be held legally responsible. These claims are often part of a larger medical malpractice lawsuit.

Under RCW 7.70.050, a patient (or their representative) must prove four key elements to succeed in a claim:

1. The provider failed to disclose material facts about the treatment.
2. The patient consented without being fully informed of those facts.
3. A reasonably prudent patient would not have consented if properly informed.
4. The treatment directly caused injury to the patient. 

Material facts include the nature of the treatment, expected outcomes, serious risks, and available alternatives – including the option of no treatment. These must often be supported by expert testimony.

Because these cases require significant legal and medical expertise, time, and resources, they are typically pursued only when the harm is severe or permanent.

As Seattle’s premier medical malpractice law firm, Menzer Law Group is purposely selective in the medical malpractice cases we take on, which allows us to channel our experience and focus where we believe we can make the most significant impact. If you have been seriously harmed, contact us today for a free case review. We are committed to serving individuals and their families by recovering the compensation and damages these patients need to support the costs of their physical and emotional recoveries.

Non-Legal Remedies

In addition to legal remedies, patients who experience harm due to lack of informed consent in Washington State have other avenues to seek accountability, healing, and systemic improvement.

1. Professional Accountability: Patients can file complaints with the Washington Medical Commission, The Joint Commission, or other licensing boards. These bodies may investigate and impose disciplinary actions such as warnings, mandatory training, or even license suspension.
2. Hospital Oversight: Many hospitals and medical groups have patient relations departments and ethics committees that review patient complaints, including cases involving informed consent violations. These reviews can lead to internal policy changes or staff retraining. Information on filing a complaint or contacting a patient relations department can usually be found on the facility’s website. 
3. Patient Advocacy and Support: Patients may seek help from advocacy organizations, such as Washington Advocates for Patient Safety, that offer guidance, emotional support, and resources for navigating healthcare disputes. These groups can also help raise awareness and push for policy reforms.

How Doctors Secure Informed Consent in Washington State

The American Medical Association provides clear guidelines to medical providers in order to ensure that the patient is fully made aware of the recommended procedure, its potential risks, and other relevant information. The process of obtaining informed consent requires physicians to:

Determine The Patient’s Decision-Making Capacity

First, the medical professional should assess the patient’s ability to comprehend medical information and implications of various treatment recommendations to make an independent and voluntary decision. If a patient lacks the capacity to make these decisions, the doctor should work with the patient’s healthcare surrogate who can make these important decisions on the patient’s behalf.

Present All Relevant Information Clearly

Next, the doctor should communicate clearly and honestly with the patient to provide them with the information they need in order to make a voluntary decision. This includes:

• Diagnosis and prognosis
• The nature and purpose of recommended treatments
• The risks, benefits, and possible side effects
• All options and alternatives, including doing nothing 

Document the Process

Finally, the doctor must document the informed consent conversation and the patient (or surrogate’s) decision in the patient’s medical record. Signed consent forms are part of this documentation.

You have the right to correct (fix) or amend (add to) your medical records if they are not accurate or complete. Under RCW 70.02.100, requests to correct or amend medical records must be made in writing, and the provider must either make the change or inform the patient in writing of why they are unable to fulfill the request within ten days.

Key Elements of a Medical Malpractice Lawsuit in Washington

In instances of medical malpractice that also involve lack of informed consent, it’s important to work with a highly qualified and knowledgeable Seattle legal professional who understands how to build a strong and successful case. As with any medical malpractice claim, the plaintiff must provide clear and compelling evidence that the doctor or medical provider breached the duty of care owed to their patients, causing harm to the patient as a result of this breach. Building a medical malpractice lawsuit involving informed consent in Washington means that you and your attorney will need to address the following elements.

1. Duty of Care Owed to You: You must show that a doctor-patient relationship existed, establishing that the physician owed you a duty of care.
   
2. A Breach of Duty Occurred: You must show that the defendant (i.e., the doctor, surgeon, or other healthcare professional) acted negligently, including failing to secure informed consent.
   
3. The Breach of Duty Resulted in Patient Harm: This element can be the most difficult to establish, as you must connect the doctor’s breach of duty as the direct cause of the harm you suffered. Establishing this connection often requires expert witness testimony to show that any other similarly qualified medical professional would not have acted this way under similar circumstances. In other words, they failed to act according to the professional standards and ethical guidelines of their position, and the patient’s injury was caused by that failure.
   
4. Your Injuries Entitle You to Recover Compensation: The last component of a successful medical malpractice claim is showing that the doctor’s negligence caused the patient to suffer physical, emotional, or financial harm. Damages may include medical expenses, lost wages, rehabilitation costs, and compensation for pain and suffering.

Incorporating Lack of Informed Consent Into a Medical Malpractice Claim

As you and your attorney work to prepare a strong medical malpractice claim that secures you the compensation you need to start putting your life back together, it’s worth exploring the role of the doctor’s failure to secure your informed consent before subjecting you to risky procedures. Evidence may include:

• Lack of documentation, such as missing or incomplete consent forms. 
• Testimony that the doctor failed to explain every treatment option before you made a decision, which means that your decision was not made freely or voluntarily (as it was based on incomplete information).
• Expert witnesses illustrating the industry standards for obtaining a patient’s informed consent and outlining the ways in which the defendant failed to uphold them. 

Since every medical malpractice claim is unique, it’s worth sharing the specific details of your case with a highly experienced and dedicated legal advocate who can evaluate your claim.

Contact Menzer Law Group Today

At Menzer Law Group, our commitment to excellence extends far beyond the courtroom. We believe in treating every client with the care, attention, and respect they deserve as our Seattle-based medical malpractice attorneys work to secure fair compensation for victims of negligent medical care, including those harmed by a lack of informed consent. We are deliberately selective in the cases we take on so we can focus our expertise and resources where we believe we can make the most profound and lasting impact. Please reach out to our Seattle, Washington office today by calling (206) 903-1818 to arrange a complimentary review of your claim.