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Philadelphia Failure to Obtain Informed Consent Lawyer

In Philadelphia and all across the country, medical professionals have a legal duty to (a) get the patient’s permission and (b) inform the patient about the risks and benefits of treatment before moving forward with a procedure, surgery, or treatment.

Failure to seek the patient’s informed consent and failure to disclose the risks may potentially expose the physician, doctor, or other medical professions to a medical malpractice lawsuit.

WHAT IS ‘FAILURE TO OBTAIN INFORMED CONSENT’?

Our Philadelphia failure to obtain informed consent attorney from The Weitz Firm, LLC, explains that by not disclosing the risks associated with a proposed procedure or treatment and not getting your permission, the doctor is taking away your right to make an informed decision.

You are the only person who gets to decide what to do with your own body, which is why you are entitled to make an informed decision before proceeding with a surgery, treatment, or other medical procedure. However, there are situations in which another person might have to make that decision for you. These situations arise when you are:

  • A minor;
  • Unconscious; or
  • Deemed mentally incapable to make the decision.

YOU CAN SUE A DOCTOR FOR FAILURE TO OBTAIN INFORMED CONSENT

Typically, your legal representative or family member will have to give permission before moving forward with a medical procedure, treatment or surgery. This is both an ethical and legal concept, yet many healthcare providers in Philadelphia and all across Pennsylvania seem to disregard it and breach their legal duty.

When a healthcare provider fails to obtain the patient’s informed consent and warn him or her of the benefits and potential adverse effects of a particular medical treatment, procedure or surgery, you may be able to sue the medical professional and seek financial compensation.

WHAT NEEDS TO BE INCLUDED IN ‘INFORMED CONSENT’

Our experienced failure to obtain informed consent attorney in Philadelphia explains it is a doctor’s duty to get the patient’s permission as well as warn of any “material” risks or inherent dangers so that the patient can make an intelligent and informed decision about whether to proceed with the proposed treatment or not.

Under federal and state law, informed consent should include all of the following elements:

  • A face-to-face discussion with the physician or doctor proposing the treatment or procedure;
  • The diagnosis of your medical condition, the nature of your condition, injury, or illness, and an explanation of what this condition means for you and your future;
  • Recommended treatments and procedures;
  • An explanation of why you might want to undergo this particular medical treatment, procedure, or surgery;
  • The reasonably expected benefits and risks of undergoing the proposed medical treatment, procedure, or surgery;
  • The reasonably expected benefits and risks of opting out of the proposed medical treatment, procedure, or surgery;
  • Any reasonable alternative to the proposed medical treatment, procedure, or surgery; and
  • The reasonably expected benefits and risks of opting for the alternative.

FAILURE TO OBTAIN INFORMED CONSENT IS MEDICAL MALPRACTICE

Needless to say, a doctor cannot be legally required to warn of each and every possible risk associated with the proposed medical treatment, procedure, or surgery, but only those that are “material” to make it possible for the patient to make an intelligent and informed decision.

Some of you might wonder what “material” means. Our Philadelphia failure to obtain informed consent lawyer explains that “material information” refers to any information that a doctor knows or should know would to be significant and of great importance to the patient making the decision as to whether he or she would undergo the proposed treatment or procedure or not.

Has a doctor performed a surgery or put you through a medical treatment or procedure you did not give informed consent to? You may be able to sue this doctor and recover damages. Consult with our medical malpractice attorneys at The Weitz Firm, LLC. Schedule a free consultation by calling us now.

Philadelphia Medical Malpractice Lawyer
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