Informed Consent: Refusing Medical Treatment in West Virginia

Miley Legal Group

When your doctor provides information about medical exams or procedures to get your informed consent, you can refuse treatment if you are considered competent, even if your refusal could result in your death.

To prove that you chose to avoid a medical test, procedure or treatment, your doctor will ask you to sign an Against Medical Advice (AMA) form to protect their liability. However, your refusal of a specific treatment does not mean you refuse all treatment, and you should be offered an alternative treatment if one is available.

In the event that you are not competent because you are intoxicated, emotionally distressed or unconscious, your doctor will decide that you are not capable of making decisions and therefore unable to refuse treatment. The law presumes that a reasonable person would consent to treatment in emergency situations to prevent death or permanent disability.

If you are concerned about emergency situations, you can prepare a living will or an advanced directive. These legal documents will alert doctors to the treatment you would or would not consent to when you are incapable of making decisions.

If your patient rights have been violated because of informed consent, you should consult with a Clarksburg medical malpractice attorney to discuss filing a West Virginia medical malpractice claim to recover damages for your injuries.

To learn more about informed consent, please visit our article library.

Contacting a Clarksburg Medical Malpractice Attorney

You have the right to refuse medical treatment. If you or a loved one feels as if your patient rights have been violated, call the medical malpractice attorneys at The Miley Legal Group for a FREE consultation – 304-326-1800.