Informed consent means that a doctor in Utrecht must fully inform you about a medical treatment and obtain your approval. Without this consent, the doctor may be held responsible.
What does informed consent entail?
Informed consent refers to the conscious consent of a patient for a medical procedure. A doctor is required to:
- Inform you about the intended treatment
- Explain possible alternatives
- Discuss risks and side effects
- Obtain your explicit consent
Obligations of the doctor
A doctor in Utrecht must inform you about the following aspects:
| Subject | Description |
|---|---|
| Type of treatment | What the procedure exactly entails |
| Intended result | What the treatment should achieve |
| Possible risks | Complications and side effects that may occur |
| 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 properly applied and a risk materialises, the doctor in Utrecht may be held liable:
- You were not informed about the risk that occurred
- With knowledge of the risk, you might have made a different choice
- The damage is directly related to the undisclosed risk
Burden of proof in informed consent
The doctor bears the responsibility to prove that informed consent was given:
- A signed consent form serves as proof
- Notes in the medical record can support this
- In the absence thereof, the doctor must demonstrate that information was provided
Exceptions to informed consent
In some situations, informed consent is not necessary:
- In emergency care (for example, if the patient is unconscious)
- If the patient explicitly states they do not want to know the details
- When information would cause 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 verify that you fully understand the explanation.Which risks must a doctor mandatory disclose?
All risks that could influence your choice, including rare but serious complications. Specific guidelines per medical specialty determine this further.Can I file a claim if the treatment went well, but I was not informed?
Without damage, there is no basis for a claim. You can file a complaint with the healthcare institution. Compensation requires that an undisclosed risk has materialised.Frequently asked questions about informed consent in Utrecht
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 understood the information and consented voluntarily. This can also be via record notes or oral agreement.
What to do if I think I was insufficiently informed?
Review your medical record for relevant notes. If there is no proof of informed consent, you can file a complaint with the healthcare provider or complaints committee. In case of damage from an undisclosed risk, you can consider legal action via a lawyer in Utrecht.
Does informed consent apply to simple procedures as well?
Yes, it applies to all medical interventions, even minor ones like blood draws. The doctor must explain what is happening and what risks there are, however minimal. You always have the right to ask questions or refuse.
Can I withdraw my consent later?
Yes, you can withdraw your consent at any time, even during the procedure. This must be clearly and timely communicated to the doctor, who must then stop the treatment, unless it directly harms your health.
What if a 'very rare' risk occurs anyway?
The doctor must disclose risks that could influence your decision, even if rare. In liability cases, the court assesses whether you would have decided differently with knowledge of the risk. Proof is essential.
How do I know if I was sufficiently informed?
Ask yourself: would I have chosen this treatment if I had known all the details about risks and alternatives? If in doubt, ask for further explanation or a second opinion.
Local information in Utrecht:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht