How Does Informed Consent Work In Medical Malpractice Cases?
Before you undergo any medical treatment, your doctor or medical provider is responsible for its details. One way they do it is to provide you with an informed consent form to explain the process, including any risks or financial responsibilities. If they didn’t do this and you were the victim of an accident, they could be liable for your damages. Learn more about informed consent and how it can strengthen your case.
What Is Informed Consent?
Informed consent protects patients by making doctors responsible for explaining a procedure’s details, including the benefits, risks, and if there are other alternatives available. Every medical treatment has its fair share of risk, and understanding what may happen to you ensures you make the most informed decision.
Many states have their own informed consent laws to ensure medical providers give you the information you need. For example, New York’s Public Health Law §2805-D defines lack of informed consent as a failure of a medical provider to “disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical, dental or podiatric practitioner under similar circumstances would have disclosed.” If a patient undergoes a procedure they otherwise wouldn’t have if they had the right information, they can hold the medical professional responsible.
How Lack of Informed Consent Can Lead To Medical Malpractice
In any medical malpractice case, you need to prove a few main points:
- The medical professional failed to notify you about the treatment’s benefits, risks, or alternatives
- You would’ve chosen a better option if you were aware of the risks involved
- You were harmed by the procedure
For example, say your doctor performs surgery on you without notifying you about the potential risks of developing nerve damage. If they do this procedure and you suffer from nerve damage after, a lack of informed consent could be a valid reason to file a medical malpractice claim for any damages resulting from the botched surgery.
Why Is Informed Consent Important?
Informed consent is crucial in medical malpractice cases because it offers patients protection and holds negligent providers responsible for their actions. When you understand what’s going on, you’re less likely to choose high-risk treatments that may leave you with damages you may never recover from. Medical professionals can also protect themselves from potential lawsuits by letting their patients know what to expect after it happens.
Our Lawyers Are Here To Help
Navigating a medical malpractice case and proving a lack of informed consent can be complicated. However, our experienced medical malpractice lawyers at Edelman, Krasin & Jaye, PLLC can guide you through the legal process. For over 60 years, we’ve aided plaintiffs in holding negligent health providers responsible for their actions. We’ll help you understand your rights, gather the necessary evidence, and build a strong case. Please contact us online or call our offices at (866) 507-1730 if you have any further questions or to schedule a free consultation with one of our attorneys.