Doctors have a vast trove of knowledge to help their patients in many different ways. No matter how educated medical professionals are, though, they are not to be the final decision-makers for their patients. New York state law requires medical providers to ensure their patients give informed consent in a variety of different treatment situations.

If a patient was not properly informed of a risk of surgery and experienced an adverse outcome, their medical provider may be liable for the damages they suffer as a result. This lack of informed consent in a Kingston medical malpractice case may be grounds for a civil suit. Reach out to a seasoned malpractice attorney to learn if your injury claim could be pursued.

What is Informed Consent?

In a nutshell, informed consent is part of the process of a doctor advising a patient. The physician must provide information on any risks associated with the surgery or procedure a patient is about to have. The information that the doctor provides must be the same information that another reasonably prudent medical professional would have given.

Requirements of an Informed Consent

Informed consent must include foreknowledge of the risks, benefits, and alternatives to the procedure or the operation that the patient is about to undergo. Once the doctor has discussed these points with the patient, the patient is given the opportunity to ask any questions or discuss their concerns. When this is complete, the patient signs an informed consent release form.

Informed consent is typically required for:

  • Any non-emergency treatments
  • An invasive diagnostic procedure
  • Participation in medical research

It is important to note that parents or legal guardians must provide consent on behalf of minors or those that are deemed legally incompetent.

If informed consent is not granted before a procedure begins, medical malpractice may have occurred. Lack of informed consent in a medical malpractice lawsuit in Kingston must be accompanied by injury and damages for a case to have merit.

Potentially Recoverable Damages

The goal of a medical malpractice lawyer is to obtain compensation for the losses the plaintiff suffers. These losses are often referred to as damages. While damages can vary case by case depending on the specific circumstances, some particularly common to medical malpractice cases include:

  • Pain and suffering
  • Medical expenses
  • Rehabilitation expenses
  • Lost wages
  • Loss of enjoyment of life
  • Loss of consortium

The Statute of Limitations for Informed Consent Cases

The statute of limitations is a law giving a specific time limit for potential plaintiffs to file a lawsuit. This time limit can vary depending on the nature of the case. All plaintiffs in medical malpractice cases have a statute of limitations of two years and six months from the date the injury occurred, as per New York Civil Practice Law and Rules §214-a.

If a potential plaintiff or their attorney does not file a lawsuit within this set timeframe, they would likely forgo their right to seek compensation through the legal system. Receiving a case consultation as soon as possible could help a plaintiff secure their legal rights in a medical malpractice case. Individuals who have suffered from medical malpractice because of a lack of informed consent are advised to speak with a diligent Kingston attorney immediately to ensure they meet the deadline for filing their injury case.

The Importance of Informed Consent in a Kingston Medical Malpractice Lawsuit

Without an informed consent in a Kingston medical malpractice case, the defendant may not be able to prove that the plaintiff was appropriately appraised of the risks and benefits of their surgery or other medical procedure. If you did not give informed consent before receiving a treatment or procedure that later caused you harm, an accomplished attorney could help you seek compensation for your damages. Call today for your case consultation.