An individual is dealing with a deadly disease, and the treatment options available to them may be limited, ineffective, or the individual may simply be unaware of their treatment options.  The individual is told about an experimental drug that is being tested to treat various diseases, including the disease with which they have been diagnosed, and they are told that they can voluntarily be part of the experimental trials being conducted to test the effects of the drug.  Feeling as though this may be their only chance to improve their health and lengthen their life, the individual agrees to partake in the experimental trials.  However, not all of the information regarding the experimental drug, the trials, and other, safer treatment options are fully explained to the individual.  Believing that the experimental drug may be their last chance, the individual undergoes the experimental trials.  As a result of the experimental drug, the individual dies more quickly than they would have with no treatment at all.  the victim's family may have grounds for a medical malpractice claim due to uninformed consent.

    Uninformed consent has been found to be a genuine problem when it comes to medical treatment and especially clinical trials.  The language of many consent forms is confusing and would require an attorney or other law professional to decipher some of the information contained in the forms.  Often these consent forms fail to specify potential risks associated with the clinical trials or medical procedures, and many times the doctors fail to fully explain the consent form and what it means for the patient and their health.  When patients consent to procedures or trials without fully understanding the consequences, this is considered uninformed consent.  Medical malpractice claims can arise due to uninformed consent, especially if the patient is injured or dies as a result of the trials or procedures.

    Most people can understand and appreciate the value of clinical trials.  Many great medical discoveries have been made as a result of experimentation with new drugs.  However, individuals agreeing to undergo clinical trials should learn as much as about the drug and trials as possible before consenting to be a willing participant.  If the institution and doctors involved in conducting the trials have a financial interest in the outcome of the study, potential trial participants may want to reconsider.

    Anytime bias or gain is introduced in any type of experiment, the opportunity or risk for deception is greater as those conducting the trials have much at stake regarding the outcome of the experiments.  Individuals should thoroughly research the experiment being conducted and ask numerous questions before submitting to clinical testing and experimentation.   Because uninformed consent can be hazardous to the health of the individual, it is important to for the individual to gather as much information as possible before consenting to any experimental treatment.

    Victims of uninformed consent or their families that live in Maryland or Washington D.C. can contact the law firm of Robinson and Associates for a consultation.  Robinson and Associates are experienced and practiced medical malpractice attorneys, and they assist victims in Maryland and Washington D.C. with their medical malpractice claim.  Uninformed consent should not be tolerated and medical professionals should be held accountable when individuals are injured as a result of this type of medical malpractice.