Informed Consent

Informed consent is the process of being given, and understanding, the material facts, risks, benefits, and alternatives of a decision before agreeing to it. In asbestos cases, it applies both to medical decisions (treatments, biopsies, clinical trials) and to legal decisions (signing a retainer, accepting a settlement, joining a trust claim). True informed consent requires disclosure in language the patient can understand, time to ask questions, and a voluntary choice without pressure.

Origin

The modern doctrine emerged from a series of mid-20th-century U.S. court decisions, most notably Salgo v. Leland Stanford Jr. University Board of Trustees (1957), which first used the phrase 'informed consent,' and Canterbury v. Spence (1972), which established that disclosure must meet what a reasonable patient would want to know. The concept draws on older principles of bodily autonomy and on post-WWII medical ethics codified in the Nuremberg Code (1947).

Significance in Asbestos Context

For patients with mesothelioma, asbestosis, or lung cancer, informed consent will come up at several critical moments. Medically, you should receive a clear explanation before any biopsy, surgery (such as pleurectomy or extrapleural pneumonectomy), chemotherapy, immunotherapy, or enrollment in a clinical trial, including realistic prognosis and alternatives. Legally, your attorney must explain the retainer agreement (including the contingency fee percentage and how case costs are handled), the claims being filed (lawsuits, asbestos trust claims, VA benefits, workers' compensation), and any settlement offer in enough detail that you understand what you are giving up, particularly that most settlements include a release barring future claims against that defendant. If you feel rushed, confused, or pressured, that is a sign the consent process has not been done properly.

Example Sentence

Before she signed the settlement with one of the defendants, her attorney walked her through the informed consent process, explaining that accepting the offer would release that company from any future liability even if her mesothelioma progressed.

Related Terms

Retainer Agreement, Settlement Release, Contingency Fee, Clinical Trial, Power of Attorney, Fiduciary Duty

Notes

• Before any major procedure, ask your physician for the diagnosis, the proposed treatment, the realistic benefits and risks, alternatives (including doing nothing), and to put it in writing if possible.
• Read your attorney's retainer agreement carefully; ask specifically about the contingency fee percentage, whether case costs come out of your share, and which defendants and claim types are covered.
• Never sign a settlement release the same day it is presented without reviewing it. Ask your attorney to explain exactly which claims and which defendants you are releasing.
• If you are too ill to review documents, consider establishing a healthcare proxy and/or durable power of attorney early so a trusted family member can participate in consent discussions.
• Keep copies of every signed consent form, retainer, and release; these documents may matter later if questions arise about what you agreed to.