December 02, 2021 | Publications

LACK OF INFORMED CONSENT #MedicalMalpractice #NYMedMalAttorney #WinWithUs #WinningMatters #NYCAttorney

A lack of informed consent refers to a physician or hospital neglecting to provide a patient appropriate information about the risks, benefits and alternatives to a surgery or treatment with medication in a non-emergency setting. Physicians must discuss the risks, benefits, and alternatives of any operation they plan to perform. After the physicians discuss these risks, the patient must agree, usually in writing, to the procedure and all risks involved before the physician will be able to move forward.

What Happens When There Is Lack of Informed Consent?

When a patient is not informed of a treatment’s benefits and risks, they could unknowingly undergo a treatment that could result in additional injury leaving them even worse off than they were before the treatment. Not attaining informed consent before treatment is considered negligent. A claim of lack of informed consent usually accompanies an allegation of medical malpractice for wrongful diagnosis or treatment.

Patients’ Rights

In the realm of healthcare laws, patients have the right to be informed of the risks of treatment. A practice that forgoes this necessary pre-treatment discussion will almost certainly find itself embroiled in civil action. A proper informed consent discussion might include these elements:

  • An explanation of the patient’s diagnosis and prognosis;
  • The nature of each of the available treatment options;
  • The anticipated risks and benefits of each available treatment option;
  • Any potential alternative treatment options;
  • The potential risks and benefits of alternative treatment options;
  • The risks and benefits of refusing treatment.

Informed consent should always be a conversation and not merely a form. This discussion between a patient and provider should allow ample opportunities for questions, and the patient should demonstrate a clear understanding. Only after the patient’s physician has explained the risks, benefits, and alternatives of each treatment option, can the patient make an informed treatment decision and provide legally sufficient informed consent.

Informed consent is meant to honor your right to decide what’s done with your body. At Karasik Law Group, our attorneys are experienced medical malpractice attorneys. If you or a loved one have suffered from a complication of a procedure that was never discussed with you by a doctor prior to the procedure, Karasik Law Group will fight for your family’s right to compensation for every dollar you are entitled to under the law. Call us to today at (718) 502-9112 to schedule a free consultation. And be sure to visit our website at At Karasik Law Group, winning matters. Win with us! We speak for the injured; our results speak for themselves.