New York Medical Malpractice Lawyer for People Injured Due to Hospital and Physician Error
Informed Consent Under New York law means that, before any physician operates on a patient, he must first advise the patient of any “material risks which a reasonably prudent practitioner would have disclosed.” After doing so, the physician must obtain “informed consent” from the patient. If the doctor did not do this before operating, this lack of informed consent may constitute medical malpractice.
When must a medical provider obtain informed consent?
As stated above, physicians must discuss the risks, benefits, and alternatives of any operation they plan to perform. After the physicians discuss these risks, the patient must agree, usually in writing, to the procedure — and all risks involved — before the physician will be able to move forward.
Doctors need to obtain informed consent for:
- Non-emergency treatment
- A diagnostic procedure involving invasion of the body
- Participation in medical research
Note: Parents or guardians can give consent for minors and those deemed incompetent.
Why is a lack of informed consent considered medical malpractice?
A lack of informed consent alone is not medical malpractice. For the law to consider it medical malpractice, the patient must have “suffered harm.” Essentially, if a doctor does not obtain informed consent and a patient suffers harm from the expected complications of that procedure, that patient likely has a basis for a lack of informed consent medical malpractice claim.
Will I always have a medical malpractice case if my doctor did not obtain consent?
Not always. In many cases, such as emergency situations, a doctor may not need to obtain informed consent. In addition, if a physician can demonstrate any of the following, he may be able to dismiss a case:
- The physician did not disclose the risks of the procedure because they were “too commonly known to warrant disclosure.”
- The physician believed that divulging all the potential risks involved would have a considerable negative effect on the patient and her condition
- The patient told the doctor she did not want to know the risks involved or that she would go through with the procedure, risks or no risks
- Obtaining consent was not plausible
Do I have a medical malpractice case?
If you can prove the following, you may have a lack of informed consent medical malpractice claim:
- Your physician performed a procedure on you without disclosing the risks involved or having you sign a consent form;
- You, had you known about the risks and alternatives, would have opted out of the procedure; and
- You suffered harm or experienced the expected complications of the procedure
How can I get help with my case?
New York Medical Malpractice Lawyer of The Rybak Firm, PLLC specialize in walking clients through the legal system and representing their best interests in a medical malpractice claims and lawsuits.
If you believe you or someone you love was a victim of a medical malpractice by way of lack of informed consent, our medical malpractice lawyers can help you seek financial recovery for any damages you incurred.
Contact us for a Free Consultation by submitting a ‘Contact Us’ or by calling (718) 307-5554 today. Available 24/7
Medical Malpractice Lawyers Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Medical Malpractice Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
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1810 Voorhies Ave
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Brooklyn, NY 11235
