Informed consent means that a doctor in Rijswijk must fully inform you about a medical treatment and obtain your consent. Without this consent, the doctor can be held legally liable.
What does informed consent entail?
Informed consent refers to the patient's conscious consent for a medical procedure. A doctor is obliged to:
- Inform you about the nature of the treatment
- Explain possible alternatives
- Discuss risks and side effects
- Obtain your explicit consent
Obligations of the doctor
The doctor has a duty to inform you about the following aspects:
| Subject | Explanation |
|---|---|
| Type of treatment | What the procedure precisely entails |
| Intended result | What goal is being pursued |
| Possible risks | Any complications or side effects |
| Alternative options | Other methods of treatment |
| Consequences of not treating | What happens if you forgo the procedure |
When is a doctor liable?
If informed consent has not been correctly applied and a risk materialises, the doctor may be held responsible:
- You were not informed about the specific risk that occurred
- With knowledge of this risk, you might have made a different choice
- The damage that occurred is directly related to the undisclosed risk
Burden of proof in informed consent
It is for the doctor to prove that informed consent was correctly applied:
- A written consent form serves as proof
- Notes in your medical record can support this
- In the absence of proof, the doctor must demonstrate that you were informed
Exceptions to informed consent
In some situations, informed consent is not necessary:
- In acute emergencies where the patient is unconscious
- If the patient explicitly states that they do not want information
- When providing information would cause serious psychological harm (therapeutic exception)
I signed a form, but did not understand the risks. Is this valid consent?
It is not just about the signature, but whether you truly understood the information. The doctor must ensure that you fully understand the explanation before you consent.Which risks must a doctor mandatory disclose?
All risks that could influence your decision, including rare but serious complications. Guidelines per medical specialty determine the precise content thereof.Can I file a claim if the treatment went well, but I was not informed?
Without damage, a claim is not possible, but you can file a complaint with the healthcare institution. For compensation, an undisclosed risk must have materialised.Frequently asked questions about informed consent in Rijswijk
Is a signature always required for informed consent?
No, a signature is not mandatory, but it serves as strong proof. The doctor must be able to demonstrate that you were properly informed and consented voluntarily, for example via record notes or a verbal agreement.
What to do if I think I was insufficiently informed?
Check your medical record for notes on the information provided. In the absence of proof, you can file a complaint with the healthcare provider or complaints committee. In case of damage from an undisclosed risk, you can consider legal steps via a lawyer or the Juridisch Loket Rijswijk.
Does informed consent also apply to simple procedures?
Yes, for every medical intervention, large or small, informed consent is required. Even for a simple blood draw, the doctor must explain what is happening and what the risks are. You always have the right to ask questions and can refuse.
Can I withdraw my consent later?
Yes, you can withdraw your consent at any time, even during the treatment. This must be clearly communicated to the doctor, who must then stop the procedure, unless this directly endangers your health.
What if a 'very rare' risk occurs anyway?
The doctor must also disclose rare but serious risks if they could influence your choice. If this did not happen and the risk occurs, the doctor may be liable. The District Court of The Hague assesses whether you would have decided differently with the correct information.