Lack of Informed Consent
Nearly every state has laws protecting a patient’s right to receive information about his or her medical condition, treatment options, possible risks and prognosis. This information should be provided in layman’s terms that can be easily understood, and also with sufficient detail to allow the patient to make an informed decision about his or her care.
While some occasions do not require informed consent (emergencies, risk of significant harm, legally required treatment, etc.), hospitals have an obligation to ensure that hospital staff obtain a patient’s consent for treatment. If informed consent is not obtained when required, the physician or hospital can be held liable for damages.
If you or someone you know suffered at the hands of a medical professional without properly consenting to treatment, the medical malpractice team at Haliczer Pettis & Schwamm may be able to help.