What Happens If A Doctor Performs A Procedure Without My Consent?

Renowned actress and author Brooke Shields, in her memoir “Not Allowed to Get Old“, revealed a deeply troubling experience where a doctor performed an intimate surgical procedure without her consent. Shields recounted that the doctor later justified the unauthorized procedure with the casual remark: “I threw in a bonus.” This shocking disclosure highlights a profound violation of personal autonomy and underscores the critical importance of informed consent in medical practice.

How would any of us react upon learning that our doctor performed a surgical procedure without our consent? Such a revelation would likely evoke a mix of shock, anger, and betrayal, alongside concerns about the physical, emotional, and legal consequences. Unauthorized medical procedures—those performed without a patient’s informed consent—not only breach ethical and legal standards but also erode the foundational trust in the doctor-patient relationship.

In Illinois, such actions carry severe legal consequences for healthcare providers and can result in significant harm to patients. Shields’ story serves as a powerful reminder of the importance of ensuring informed consent in all medical practices, not only to protect patient rights but also to maintain accountability in the healthcare system.

In this blog, our Illinois medical malpractice attorneys explore the implications of unauthorized medical procedures, the legal and ethical requirements of informed consent, and the broader lessons from Brooke Shields’ story to advocate for the safeguarding of patient rights and autonomy in healthcare.

What is an Unauthorized Medical Procedure?

An unauthorized medical procedure happens when a doctor or other healthcare provider performs a procedure without obtaining the patient’s “informed consent.” Informed consent is a fundamental principle in healthcare, and requires that patients be fully informed about the nature, risks, benefits, and alternatives of a proposed treatment before agreeing to proceed with a course of treatment. Without informed consent, any medical intervention may be considered unauthorized and potentially unlawful. Unauthorized medical procedures include not only procedures that occur without a patient’s consent, like Brooke Shields, but also procedures that are performed on the wrong patient or at the wrong surgical site.

Statistics on Unauthorized Medical Procedures

While comprehensive national statistics on unauthorized medical procedures are limited, several studies shed light on related issues:

• Wrong-Site Surgeries: These are surgeries performed on the wrong site of the patient’s body, often due to errors in the consent process. According to the American College of Surgeons, in 2022, wrong-site surgery accounted for 6% of the 1,441 sentinel events reviewed.
• Unnecessary Invasive Procedures: A study analyzing cases of unnecessary invasive procedures found that in nearly all cases, the physician was male (96.2%) and working in private practice (92.4%). Additionally, 73.4% of these physicians billed Medicare for unnecessary procedures.
• Diagnostic Errors: Johns Hopkins Medicine reports that diagnostic errors contribute to approximately 371,000 deaths and 424,000 permanent disabilities annually in the U.S.

What are the Consequences of Unauthorized Medical Procedures?

There are several consequences of unauthorized medical procedures for both the patient and the healthcare provider that performed the procedure:

• For Patients: Undergoing a medical procedure without consent can lead to physical harm, psychological trauma, and a loss of trust in the healthcare system. Patients may experience complications from unnecessary surgeries or suffer from the emotional distress of having their autonomy violated.
• For Healthcare Providers: Performing unauthorized procedures can result in legal actions, including charges of battery or medical malpractice claims. Providers may face disciplinary actions from medical boards, loss of licensure, and significant financial penalties.

Illinois Laws on Informed Consent

In Illinois, patients have the right to make decisions about their bodies and what happens to their bodies in surgery. A patient can sue a healthcare provider for failure to obtain informed consent if:

• The doctor had a duty to tell the patient about the risks of the procedure
• The doctor either: 1) did not disclose the risks of the procedure or 2) did not fully disclose and explain the risks
• The patient consented to treatment that they would otherwise not have agreed to if the doctor had provided information about the risks of the procedure
• The patient was injured as a result of the doctor’s failure to provide the necessary information about the risks of the procedure

However, if the situation was an emergency, it might change the doctor’s duty to fully inform the patient of the risks. In a true emergency, the patient may not have the ability to understand, communicate, or make informed decisions. In these cases, court looks at what a reasonable person would have done in that situation, especially if the procedure in question was the only way to save the patient’s life.

Preventative Measures and Best Practices

To mitigate the occurrence of unauthorized medical procedures, healthcare providers should adopt the following best practices:

1. Comprehensive Informed Consent Process: Ensure that patients receive detailed information about proposed treatments, including potential risks, benefits, and alternatives. This discussion should be documented thoroughly.
2. Patient-Centered Communication: Foster an environment where patients feel comfortable asking questions and expressing concerns about their treatment options.
3. Regular Training: Provide ongoing education for healthcare professionals on the ethical and legal importance of informed consent, as well as effective communication strategies.
4. Institutional Policies: Establish and enforce clear policies that require explicit patient consent for all procedures, with regular audits to ensure compliance.
5. Legal Awareness: Stay informed about state and federal regulations regarding informed consent to ensure all practices align with legal standards.

Legal Recourse for Patients in Illinois

Patients in Illinois who have undergone unauthorized medical procedures have legal avenues to seek redress:

• Medical Malpractice Claims: Patients can file personal injury claims against healthcare providers who have breached the standard of care by performing unauthorized procedures. Successful claims may result in compensation for medical expenses, pain and suffering, and other related damages.
• Battery Claims: Since unauthorized medical procedures involve intentional physical contact without consent, patients may pursue battery claims against the offending doctor or nurse.
• Reporting Healthcare Professionals to Medical Boards: Patients can file complaints with the Illinois Department of Financial and Professional Regulation, which oversees medical licensing and can impose disciplinary actions on providers who violate consent laws.

“Unauthorized medical procedures represent a profound violation of patient trust and autonomy. They jeopardize safety, undermine ethical standards, and erode confidence in the healthcare system. Every patient deserves to be fully informed and to provide clear consent—anything less is unacceptable and a breach of the sacred duty entrusted to medical professionals.” – John J. Malm, Illinois medical malpractice lawyer

Contact the Illinois Medical Malpractice Attorneys at John J. Malm & Associates

Unauthorized medical procedures undermine patient autonomy, violate ethical standards, and breach legal obligations. Illinois law protects patients from such violations, emphasizing the critical importance of informed consent in healthcare.

If you or a loved one has undergone an unauthorized medical procedure or a procedure performed without your consent, contact the top-rated medical malpractice attorneys at John J. Malm & Associates. Let us help you navigate your product liability claim and fight for the compensation you need to move forward. Contact our office today for a free consultation.