Lack of informed consent · St. Louis
Lack of informed consent in Missouri: what your doctor should have told you
In Missouri, a lack of informed consent claim says a provider did not tell you about a risk or option that a reasonable medical practitioner would have explained, and that risk then harmed you. A signed form helps show consent, but it is not the whole story.
What informed consent means
Before most treatment, you have the right to decide what happens to your body. To decide well, you need information. Informed consent is the talk where your provider explains:
- What the treatment is and why it is recommended.
- The serious risks and how likely they are.
- Other options, including waiting or doing nothing.
- What recovery will look like.
Most providers take this talk seriously. A claim arises when an important part was left out, and what was left out is what caused the harm.
How Missouri measures what you should have been told
The Missouri Supreme Court has said the test is what a reasonable medical practitioner would disclose. It is not simply what you, as a patient, would have wanted to know (Aiken v. Clary).
So the question is what careful providers in the same field tell patients in the same situation. A qualified health care provider must usually give that opinion. The Missouri affidavit rule applies to these claims like other malpractice claims (RSMo 538.225).
WHAT A CLAIM USUALLY NEEDS
- A risk or option that careful providers would have explained.
- Proof that you were not told about it.
- Proof that the risk actually happened and harmed you.
A signed form is not the whole story
Hospitals ask you to sign a consent form. The form is evidence that a talk took place. But the form may be general. It may not list the specific risk that hurt you. And it may have been signed in a rush, just before surgery.
The records and your memory both matter. What did the provider say? Who was in the room? Were you given written material? Was there time for questions?
Consent also has limits on scope. If you agreed to one procedure and a different one was done, that may raise its own question. Emergencies can be different, because there may be no time for a full talk.
How this fits with other malpractice claims
An informed consent claim is often brought alongside a claim that the treatment itself was careless. They are two separate questions. A surgery can be done perfectly and still lead to a claim if you were never told about a serious risk. See surgical errors for claims about the work itself.
The same deadline rules apply. Most claims must be filed within two years of the treatment (RSMo 516.105).
What to do now
- Write down what you remember about the consent talk, as soon as you can.
- Note who talked with you, how long it lasted and what questions you asked.
- Ask for your records, including the signed consent form and any handouts.
- Keep any patient portal messages about the procedure.
- Do not sign a release without advice.
Your first consultation about a possible malpractice case is free. Harjot Singh Padda, JD can go over what you were told and explain whether a medical review makes sense.
Common questions
I signed a consent form. Does that end my claim?
Not always. The form may not list the risk that harmed you. See the malpractice overview.
The doctor did a different procedure than I agreed to. What now?
That may raise a separate question about the scope of your consent. See surgical errors.
Do I need a doctor’s opinion for this kind of claim?
Usually yes. Missouri’s affidavit rule applies. Read the deadlines and caps guide.
What should I bring to a first meeting?
Your notes about the consent talk and any forms you signed. See what to bring.
Related reading
- Medical malpractice in St. Louis
- Surgical errors
- Malpractice deadlines and caps
- Personal injury cases
Sources
- Aiken v. Clary, 396 S.W.2d 668 (Mo. 1965) (what a doctor must tell a patient is measured by what a reasonable medical practitioner would do). CourtListener
- Mo. Rev. Stat. § 538.225 (health care provider affidavit; 90-day filing rule). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 538.210 (the malpractice claim and its elements; noneconomic damage limits; punitive damages). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105 (two-year limit for claims against health care providers; foreign objects, test results, minors, ten-year outer limit). Missouri Revisor of Statutes