Informed Consent in an Albany Medical Malpractice Case

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A person generally has a legal right to be informed of the risks and benefits of any potential course of treatment and if there may be any alternative procedures available. In addition, a person typically has the legal right to be informed of their prognosis and any repercussions that may occur as a result of changing their mind during the course of treatment. Talking to a patient about these factors and, therefore, allowing them to make a knowledgeable decision is often called informed consent. Doctors or other medical staff who fail to adhere to this standard could face the legal issues of violating informed consent in an Albany medical malpractice case.

If you believe your physician violated the standard of care involving informed consent, contact a compassionate medical malpractice lawyer. They could assist in understanding the complexities of filing such a case and help identify the best legal options that may apply.

Informed Consent Laws

New York’s legislature enacted the Medical Malpractice Act as a general means of ensuring physicians inform patients of the risks of undergoing a surgery or procedure. The Medical Malpractice Act also may allow someone to recover compensation for their injuries and losses in the event they are not provided with this information. Under this law, healthcare providers are typically required to provide patients with a degree of information that could allow them to make a decision regarding their health before undergoing a procedure.

Statutes of Limitations in Lack of Consent Cases

Albany has laws known as statutes of limitations that may limit the time period in which a person could bring a lawsuit for medical malpractice. According to New York Civil Practice Law and Rules § 214-A, the statute of limitations for medical malpractice in Albany is generally two years and six months from the date of injury.

However, this time limit may present a unique challenge in cases where a person claims there was a lack of informed consent during a procedure that happened a while ago because they only recently became aware of an injury. For these cases, there may be exceptions that could potentially extend the statute of limitations. A credible attorney could help explain the process of informed consent in an Albany medical malpractice case and how the statute of limitations may affect it.

Consult an Attorney About Informed Consent in an Albany Medical Malpractice Case

If you believe you sustained injuries as a result of a lack of informed consent in an Albany medical malpractice case, contact an adept injury lawyer today to discuss legal options. An attorney who is familiar with informed consent and medical malpractice could help you fight for compensation by potentially working with experts in the healthcare field, negotiating settlement offers with doctors and insurance providers, and possibly litigating your case. Building a strong case could help you obtain fair compensation.

Proving that a doctor or healthcare provider did not provide a patient with the proper information about their surgery or procedure may require a thorough and intensive investigation. To increase your chance for success in court, consider working with an experienced medical malpractice lawyer in Albany.