If a doctor or medical provider did not warn you about risks, side effects, or alternative options for treatment, certain medical procedures can seriously affect your health or change your life in unexpected ways. Experienced surgical error attorneys can hold health care professionals accountable when they do not adequately inform patients. Contact our legal team at The Weitz Firm, LLC to learn more about Pennsylvania failure to warn medical malpractice cases today.
What Is Informed Consent in Medical Care?
A doctor has a legal duty to explain the medical care they intend to provide for you. As the patient, you must give informed consent before undergoing a treatment or procedure, which can only be given after the doctor has explained what it entails. If they fail to warn you of anything regarding treatment, a Pennsylvania medical provider may be held liable for malpractice for any resulting harm, even if the procedure was performed correctly. This rule protects patient autonomy and helps ensure individuals make knowledgeable decisions about their own health care.
When Is Informed Consent Required?
Pennsylvania law dictates that these procedures require informed consent before treatment. These regulations cover a range of medical care, including:
- General, regional, or spinal anesthesia
- Major or minor invasive surgical procedures
- Blood transfusions, due to potential complications or disease transmission
- Radiation, chemotherapy, or other cancer treatments with significant risks
- High-risk diagnostic tests, such as invasive biopsies or cardiac catheterization
- Experimental treatments, clinical trials, and participation in research-based medical procedures
Contact a Pennsylvania lawyer if you think you may have a medical malpractice claim due to inadequate information before undergoing treatment.
Establishing Liability Medical Malpractice Case
To succeed in pursuing damages through a failure-to-warn medical malpractice case in Pennsylvania, several key elements must be proven to establish liability. First, a duty of care must exist, meaning the provider has a legal obligation to disclose relevant information to you as a patient. Second, there must be a breach of that duty, such as failing to explain material risks and alternatives. Third, you must show causation, meaning that had you been properly informed, you might have declined or chosen a different treatment. Finally, you must demonstrate damages, such as costs for physical injury, complications, or other harm directly resulting from the lack of disclosure. These elements together establish liability and allow patients to pursue compensation for the harm suffered.
Challenges in Failure-to-Warn Cases
There are particular challenges involved in a failure-to-warn case that your Pennsylvania medical malpractice attorney must be prepared to address. In some cases, it may be your word against the doctor’s, and medical providers have credibility with the average person that may comprise the jury. Expert testimony is usually required to establish the standard of care, making these cases complex and heavily dependent on detailed evidence.
Failure-to-warn cases can also be challenging because they often rely on what a patient would have decided if fully informed. Proving causation requires showing that a reasonable person, in similar circumstances, would have declined or chosen a different treatment had proper warnings been given. Medical providers may argue that risks were disclosed verbally or that the patient signed consent forms.
Contact a Pennsylvania Medical Malpractice Attorney for Help With Your Failure to Warn Claim
If you or a loved one has been harmed due to malpractice, the experienced attorneys at The Weitz Firm, LLC are here to help. We fight to hold health care providers accountable and pursue full compensation for damages our clients sustained in Pennsylvania failure to warn medical malpractice cases. With in-depth knowledge of malpractice law, we guide clients through every step of the legal process. Contact us today for a free consultation.
