(845) 303-1000When you or a loved one agrees to a medical procedure, you rely on the provider to explain the risks, benefits, and available alternatives. When that information is not fully disclosed, you could suffer serious injuries and life-altering consequences. A Kingston lack of informed consent lawyer helps patients and their families take action when health care providers deny them the opportunity to make a fully informed decision about their care.
At John Fisher – New York Injury & Malpractice Law Firm, P.C., our dedicated medical malpractice attorneys represent patients or their family members who were not given the information they needed before treatment. We understand how difficult it can be to process what happened and determine whether someone violated your rights. Our firm specializes in medical malpractice cases, allowing us to build strong claims that protect your rights and pursue accountability. Contact us today to schedule a consultation.
What Should Informed Consent Include Before Treatment?
Under New York Public Health Law § 2805-d, medical professionals must provide information that a reasonable practitioner would disclose in similar circumstances. This includes the nature of the procedure, the potential risks involved, the expected benefits, and any reasonable alternatives. Incomplete or unclear disclosures compromise your or your loved one’s ability to choose.
A Kingston lawyer evaluating inadequate disclosure issues can closely examine whether the provider met this standard and omitted important risks. It is not enough for a provider to simply obtain a signature on a consent form. True informed consent requires meaningful communication and an opportunity for the patient to ask questions and understand their options.
When Failure To Inform Becomes Medical Negligence
Not every absence of information amounts to malpractice. However, legal liability may arise if a provider fails to disclose a significant risk that later occurs and causes harm. The central question is whether a reasonably prudent patient would have declined the treatment if the provider had informed them.
If you are in Kingston, one of our attorneys who handles cases involving a lack of informed disclosure could analyze whether the undisclosed risk was material to the decision-making process. For example, if the provider did not tell you or a loved one about a serious complication that ultimately occurred, that omission may form the basis of a claim. These cases often involve surgeries, diagnostic procedures, or treatments with known risks that a professional did not clearly explain.
There are limited exceptions, such as emergencies that require immediate care, yet consent is unobtainable. Outside of those situations, you have a legal right to receive sufficient information before agreeing to treatment.
What Can You Do if You or a Loved One Was Not Properly Informed?
If you suspect that a health care provider failed to give you or a loved one proper disclosure before a procedure, you must act promptly. Delaying action could affect your ability to pursue a claim.
One of our attorneys in Kingston could review your medical records, consult with qualified professionals, and determine whether your case meets the legal requirements for lack of informed consent. We could identify whether the provider failed in their duty and whether that failure directly caused harm.
Taking legal action could help you obtain compensation and ensure accountability. It also reinforces the importance of patient rights within the medical system, helping prevent similar situations from affecting others.
Contact Our Team in Kingston To Speak With an Attorney About Your Inadequate Disclosure Case
If you are looking for a Kingston lack of informed consent lawyer, choose a firm that specializes in medical malpractice cases. At John Fisher – New York Injury & Malpractice Law Firm, P.C., we could help you or a loved one understand your legal options. Contact us today to discuss your case and learn how we could help you pursue accountability and fair compensation.