What Happens if I Fail to Obtain Informed Consent as a Chiropractor?

 Posted on October 09, 2024 in Chiropractor/ Physical Therapist License Defense

In most cases, medical practitioners are required to obtain informed consent from their patients before a procedure. This is not only an ethical obligation but also a legal one. Under Illinois law, patients have a right to understand the nature of the treatments they receive and their side effects before consenting to them. This is also one of the nine principles in the American Medical Association’s Code of Medical Ethics.

Failure to obtain informed consent is a major breach of legal and ethical codes. If a chiropractor or any medical practitioner is accused of providing treatment without informed consent, he or she can face serious penalties such as license revocation or suspension. The first step to take if you are accused of treating a patient without informed consent is to contact an Illinois license defense attorney who can provide you with the best legal protection possible.

What Is Informed Consent?

Informed consent is when a patient agrees to the treatment or operation after receiving all pertinent information about it. This includes:

• The nature and purpose of the treatment
• How the procedure will be performed
• Possible side effects of the treatment
• Alternatives to the treatment
• The risks and benefits of undergoing the procedure

The practitioner must also verify that the patient, or at least his or her guardian, has the capacity to consent to the medical intervention. The patient should then give his or her consent in writing.

What Can Happen if a Chiropractor Fails to Obtain Informed Consent?

Chiropractors must provide patients with all relevant information about procedures, particularly interventions such as spinal manipulations which can result in rare but serious injuries. Patients should also be made aware of alternative treatments.

Failing to do so can have legal consequences. For example:

• Medical malpractice claims: A chiropractor who fails to obtain informed consent before a treatment or procedure can face medical malpractice claims if it leads to injury. The practitioner may then be forced to pay for the patient’s damages, which can be quite significant. 
• Professional discipline: A chiropractor who is accused of treating a patient without informed consent may face discipline by the Illinois Department of Financial and Professional Regulation (IDFPR). The IDFPR can impose fines, disciplinary penalties, and suspension or revocation of the chiropractor’s license.

Contact an Illinois Chiropractor License Defense Attorney

The prospect of losing your license over failure to obtain informed consent can be a frightening one because it would mean the end of your practice. Protect yourself by hiring an Illinois chiropractic license defense lawyer who can defend your license to the IDFPR. At The Law Offices of Joseph J. Bogdan, Inc., we understand how the disciplinary process works and the challenges chiropractic physicians face. We are ready to provide you with a tailored defense strategy and personalized legal service. Schedule a free consultation by calling 630-310-1267 today.