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Understanding Lack of Informed Consent and When You Can Sue Your Doctor

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Informed consent is a cornerstone of ethical medical practice. It ensures that patients have a clear understanding of the risks, benefits, and alternatives of a proposed treatment or procedure before agreeing to it. However, when a healthcare provider fails to secure informed consent, patients may suffer harm due to decisions made without full knowledge of the potential outcomes. In such cases, patients may have grounds to file a medical malpractice lawsuit.

What Is Informed Consent?

Informed consent means that your doctor must provide you with all necessary information about a medical treatment or procedure so you can make an educated decision about whether to proceed. This includes:

  1. Explanation of the Diagnosis: Your doctor should explain your medical condition and why the treatment is recommended.
  2. Details of the Treatment or Procedure: You should understand what the treatment entails and how it will be performed.
  3. Risks and Benefits: Your doctor must disclose potential risks, side effects, and complications, along with the expected benefits.
  4. Alternative Options: You should be informed of other treatment options, including their risks and benefits, or the choice to do nothing.
  5. Opportunity for Questions: Patients have the right to ask questions and receive clear answers before making a decision.

Failure to provide this information or to ensure that the patient fully understands it constitutes a lack of informed consent.

Exceptions to Informed Consent

In certain situations, doctors may proceed without informed consent:

  • Emergencies: If immediate action is necessary to save your life or prevent serious harm, your doctor may act without prior consent.
  • Incapacity: If you are unable to provide consent due to unconsciousness or mental incapacity, a legally authorized representative can give consent on your behalf.

Can You Sue for Lack of Informed Consent?

To sue a doctor for lack of informed consent, you must prove the following:

  1. The Doctor Did Not Provide Adequate Information: Your doctor failed to disclose important details about the procedure or its risks.
  2. A Reasonable Patient Would Have Declined: If you had been properly informed, a reasonable person in your position would not have agreed to the treatment.
  3. The Lack of Consent Caused Harm: You suffered injuries, complications, or other harm directly resulting from the procedure.

For example, if a surgeon performs a procedure without explaining the risk of nerve damage, and you later experience permanent nerve damage, you may have grounds for a medical malpractice claim.

How a Medical Malpractice Lawyer Can Help

Medical malpractice cases, including those involving lack of informed consent, are complex and require a detailed understanding of both the law and medical standards. At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, our experienced New York medical malpractice attorneys have a long history of holding negligent healthcare providers accountable.

We work with top medical experts to build strong cases and secure compensation for medical bills, lost wages, pain and suffering, and other damages caused by negligence.

Contact Us Today

If you believe you were harmed due to a lack of informed consent, contact us at 212-943-1090 for a free consultation. Our elite trial attorneys are dedicated to achieving justice for patients throughout New York. Let us help you understand your rights and take the steps necessary to protect them.

Picture source: Wikipedia