Informed Consent in a Troy Medical Malpractice Case

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One way to know you are receiving proper medical care in Troy is through informed consent. All healthcare professionals have the obligation to tell you about the procedure they are about to perform, why they are doing it, and any potential side effects or complications.

A medical professional’s failure to adequately inform you about treatment could amount to malpractice if you suffer an injury. This lack of informed consent in a Troy medical malpractice case could form the core of a claim. An experienced medical injuries attorney could explain the informed consent requirement and connect you with medical experts who could help support a claim in court.

The Role of Informed Consent in Proper Medical Care

Even a simple medical action such as setting a broken bone or administering medication through an IV could result in further injuries. More complicated procedures, such as surgeries or the application of advanced medications, have an even higher level of risk and could lead to complications and side effects.

As a result, medical practitioners are required to fully inform their patients of the risks and potential side effects associated with a procedure. According to New York Public Health Law §2805-D, lack of informed consent occurs when a medical professional fails to fully inform patients about treatments. Full information includes disclosing alternative options, benefits of treatment, and reasonably foreseeable risks, as a similar medical professional would. Failing to provide this information means a patient is unable to make a knowledgeable evaluation.

It is the burden of the medical professional to provide this information whenever they are about to perform a procedure. Failing to do so could jeopardize a practitioner’s license, and in the case of an injury, may lead to a malpractice case.

When Is Informed Consent Required in Troy?

New York Public Health Law §2805-D also provides the means by which a lack of informed consent could contribute to a medical malpractice claim. Informed consent – or the lack of informed consent – does not apply to care provided in an emergency setting or procedures that do not involve the invasion or disruption of the body.

In order to pursue a legal claim alleging a lack of informed consent, proving malpractice falls to the plaintiff. The plaintiff is typically asked to provide evidence that a reasonably prudent person in the same situation would not have undergone the procedure if they fully understood the risks involved. In addition, the plaintiff may be asked to demonstrate how the malpractice resulted in an actual physical injury. To help support a claim, many people choose to work with a focused patient’s rights attorney and an expert witness.

Working with an Expert to Prove a Medical Injury Claim

Typically, all medical malpractice claims in Troy must be supported by the testimony and analysis of a medical expert. This is because the relevant facts of the case are often scientific in nature and require medical knowledge to understand.

When handling cases involving informed consent, an expert could help examine the steps taken by the defendant medical provider to inform the patient of the risks, benefits, and alternatives associated with a procedure. An expert could then assess these steps to determine whether a doctor met the informed consent requirements. Locating an expert may be difficult – however, an attorney could help harmed people to locate a qualified expert to support a favorable claim.

Improper Informed Consent in a Troy Medical Malpractice Case Could Implicate a Defendant Doctor

All medical practitioners have an obligation under New York law to provide proper information to their patients before performing many medical procedures. Not only is this required by various medical boards, it is contained within New York Public Health Law. If a doctor failed to adhere to these rules, the lack of informed consent in a Troy medical malpractice case could lead to a doctor’s liability for your injuries. An attorney could help you recover following an injury caused by the lack of proper information. If you were injured by a lack of informed consent, contact an attorney today to learn more about how you could recover.