A patient can provide informed consent only after their doctor talks to them about the risks, benefits, and alternatives of their proposed treatment. When they do not, they may be liable for damages caused by their omission of information.

Determining whether a patient has provided adequate consent for a treatment can be incredibly complex and heavily dependent on the facts and circumstances of the surrounding events. A seasoned medical malpractice lawyer could help investigate whether there was a lack of informed consent in a Hudson Valley medical malpractice case and if so, could help you pursue compensation for your injuries.

When Do Doctors Need Informed Consent?

Doctors and healthcare providers are required to discuss all the risks, benefits, and alternatives of any operation, procedure, or course of treatment they are going to perform. Doctors and healthcare providers must, therefore, obtain informed consent for:

  • Non-emergency treatments
  • Any diagnostic procedure involving invasion into the body
  • Any participation in medical research

Situations Where Consent is Not Necessary

There are several notable exceptions for when a doctor may not need to receive consent to perform a surgical procedure or to provide treatment. These include:

  • When a physician does not disclose the risks of a certain procedure because these risks are commonly known
  • When a patient waives the informed consent requirement by stating that they will undergo a procedure despite any risks
  • When a patient states that they do not want to be informed of the risks
  • When the patient is unable to provide consent, which is most common in emergency medical situations
  • When the doctor believes that informing the patient of the risks would negatively and substantially affect a patient’s condition

Steps to Proving A Case

Proving a lack of informed consent in a Hudson Valley medical malpractice case requires a two-step analysis. First, under New York Public Health Laws § 2805-d, a person must prove that their doctor failed to disclose the foreseeable risks and benefits involved in a medical procedure and that a reasonable medical provider would have done so under the same circumstances.

Secondly, under PBH § 2805-d(3) a person must also demonstrate that another reasonably prudent person in the same position would not have undergone the treatment had they been fully informed of the risks, and that the lack of consent was the proximate cause of an injury.

An Attorney Could Help with an Informed Consent in a Hudson Valley Medical Malpractice Case

In any medical malpractice case, it is important to focus on the facts and circumstances surrounding the injury. In the event that a doctor did not obtain consent before performing an operation or providing medical care and you believe your injuries resulted from the lack of consent, you could be entitled to compensation.

If you do not think someone in your situation would have undergone the surgery or procedure had they known the risks, a skilled attorney could discuss your informed consent in a Hudson Valley medical malpractice case with you to see what damages you could recover.

Attorneys understand how a doctor’s negligence in confirming your consent can affect your life and are prepared to help you every step of the way from filing a lawsuit to recovering compensation for your injuries and losses. Call today to see what legal options you have to move forward.