Quick legal tip: The doctor did not inform me about the side effects of the treatment

Mgr. Nikola Šedová
21. May 2025
1 minute of reading
1 minute of reading
Legal news

Have you undergone a treatment or procedure and only found out in hindsight that it carried risks your doctor didn’t tell you about? This may be a breach of his or her legal duty.

lékařská prohlídka

Every patient has the right to informed consent

Your doctor must explain to you clearly what treatment you are about to receive, what the benefits are – and what the risks are. This includes possible side effects or complications. Without this information, your consent is not valid.

  • Uninformed patient = invalid consent – If your doctor did not inform you sufficiently, you may have made a different choice. Such consent may be considered invalid, and the procedure unwarranted.
  • The severity of the risks plays a role – It is not every sneeze or temporary fatigue, but truly significant side effects (e.g. permanent consequences, risk of damage to health).
  • Medical documentation is key – The doctor should have a written record that he or she has instructed you and that you have consented to the treatment. If such a record is missing, this is a problem.

What to do?

Ask for a complete copy of your medical records – you have the right to do so. If there is no mention of instruction or consent, ask the doctor for a statement.

If you have suffered harm (e.g. damage to your health) as a result of the treatment, you can claim compensation. First, write a complaint and contact your healthcare provider, or the reviewing doctor or the professional supervision of the Ministry of Health.

As a last resort, you can go to court. Patients’ rights are not just on paper – medical care must not only be professional, but also understandable and trustworthy.

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