Last Updated: 02/20/2025
Informed consent is a cornerstone of ethical medical care. Before undergoing any procedure, you have the right to know the risks, benefits, and potential alternatives to your treatment. When a healthcare provider fails to provide this information, it’s not just a communication breakdown—it’s a violation of your rights. Lack of informed consent can lead to unexpected complications and unnecessary suffering. If you believe your provider acted without your full agreement, we can help you understand your legal options and pursue accountability.
What Is Informed Consent?
Informed consent is the process by which a healthcare provider explains a proposed medical procedure, ensuring that you understand and agree to the treatment plan.
For consent to be considered valid, the provider must:
Disclose information: Explain the procedure, including its purpose, potential risks and benefits, likelihood of success, estimated recovery time, and anticipated treatment costs.
Discuss alternatives: Outline other treatment options, including no treatment at all.
Answer questions: Address your concerns and provide clarification.
Confirm understanding: Ensure you fully comprehend the information shared before proceeding.
A patient must have the capacity to provide informed consent, meaning they can understand the information shared and make decisions about their health. Furthermore, consent must be given voluntarily. If a patient is coerced into agreeing, the informed consent is invalid, undermining their right to autonomy in medical care.
How Lack of Informed Consent Leads to Medical Malpractice Claims
When a healthcare provider performs a procedure without obtaining proper informed consent, it can lead to a medical malpractice claim. Lack of informed consent happens when you are not provided with sufficient information to make an educated decision about your treatment. If harm occurs as a result, you may have grounds for legal action.
To prove a lack of informed consent claim, you must show:
Failure to disclose: The provider did not explain the procedure’s risks, benefits, or alternatives.
Decision impact: You would have declined the treatment if you had been properly informed.
Resulting harm: You experienced injury, complications, or other damages due to the treatment.
Common examples include undergoing unnecessary surgeries or suffering severe side effects that were not explained beforehand. Lack of informed consent undermines patient autonomy and can cause lasting physical, emotional, and financial harm.
Legal Options for Victims of Lack of Informed Consent
If you believe your healthcare provider failed to obtain proper informed consent, you have the right to seek justice. Medical malpractice claims based on lack of informed consent are designed to hold negligent providers accountable and recover compensation for the harm caused.
The first step is to document everything related to your medical treatment. This includes keeping records of any forms you signed and making notes about your discussions with your provider. Next, it’s important to seek legal guidance. A lack of informed consent lawyer can evaluate your claim and help you determine the best course of action.
Victims may pursue compensation for medical expenses related to the procedure and any resulting complications. You may also recover damages for pain and suffering or lost wages if your injuries impact your ability to work. We can help you take action and secure the recovery you deserve.
How We Can Help
At The Cassidy Law Firm LLC, we are committed to standing up for patients who have suffered due to a lack of informed consent. Medical providers have a duty to respect your right to make informed decisions about your care. When they fail in this responsibility, the consequences can be life-altering.
Our team will thoroughly evaluate your claim, explain your legal options, and guide you through the process. We will work to hold negligent providers accountable and pursue compensation for your injuries and losses.
Contact an Experienced Monmouth County Lack of Informed Consent Attorney
Lack of informed consent can lead to serious harm and violate your rights as a patient. If you’ve experienced this, we’re here to help you seek justice and accountability. Contact The Cassidy Law Firm LLC today to schedule a consultation and discuss your lack of informed consent claim.