(845) 802-0047Patients have come a long way in recent years when it comes to being informed about their bodies and their medical treatment. Today, informed consent typically is a mandated and expected part of medical treatment. A physician or other licensed medical provider could face severe legal consequences for failing to give proper informed consent in a Newburgh medical malpractice case.
As a patient, you typically have the legal right to information about your treatment and your doctor has a legal duty to provide you with such. If you believe your doctor failed to provide this to you before treating you, you may have grounds to file a civil lawsuit. Contact a skilled medical malpractice lawyer today to learn more.
Duty of Informed Consent
Doctors and other medical professionals are required to provide patients with information about the risks, benefits, and any other pertinent details of their surgery or treatments. As a medical professional, this is the expected standard of care. With this information, patients may make more informed decisions about their own medical care and have the opportunity to ask questions and explore other treatment options with their medical provider.
When a doctor fails to provide informed consent to a patient or for the parents of minor patients, a breach of this duty has occurred. However, a breach of duty alone is not enough grounds for a Newburgh medical malpractice case based on lack of informed consent.
Negligence
The concept of negligence is often central to Newburgh medical malpractice informed consent cases. Negligence is often defined as an act or omission (failure to act) by a medical professional that does not adhere to the accepted medical standard of care.
In order for a court to render a verdict that the doctor was negligent and owes the plaintiff compensation for their damages, the following elements must be proven by the plaintiff:
- A doctor-patient relationship was established
- There was a violation of the standard of care
- This violation caused an injury
- The injury resulted in significant damages
Since providing informed consent to the patient is considered the standard of care in the medical field, a doctor who does not provide this has breached their duty of care. If that doctor then performs a surgery, procedure, or treatment and the patient is injured, there may be grounds to file an informed consent medical malpractice case in a state civil court serving Newburgh.
Limits to Informed Consent Lawsuits
As per New York Public Health Code §2805-d, medical malpractice cases in Newburgh stemming from informed consent are limited to non-emergency treatments, procedures, or surgeries or a diagnostic procedure that required the invasion or disruption of the integrity of the body. These limitations allow emergency physicians and other medical professionals acting in an emergency the freedom to make quick decisions when time can be a matter of life or death.
Learn More About Informed Consent in Newburgh Medical Malpractice Cases
If your physician failed to properly give you an informed consent in a Newburgh medical malpractice case, you may be entitled to compensation for any damages you have incurred as a result. Experienced malpractice lawyers know how difficult life can be for patients who are suffering as a result of medical negligence, so call today to learn more about how one may be able to serve you.