Whenever you undergo any medical procedures, your doctor or care provider is expected to obtain informed consent. Informed consent means you are told of the risks and benefits of the procedure and allowed to consider your options and accept or decline the medical care that you are being offered.
If you are treated without informed consent, this can be a form of medical malpractice that gives you a legal right to pursue a Philly med mal claim for damages. You should be compensated for the losses that occurred as a result of the lack of informed consent, and Morris Wilson Knepp Jacquette, P.C. is here to help you fight for that compensation.
To find out more about how a Philadelphia lack of informed consent lawyer can represent you when a doctor falls short of fulfilling their obligations to you, give us a call or contact us online.
When Is A Lack Of Informed Consent Medical Malpractice?
A lack of informed consent could be medical malpractice if:
- Your care provider failed to fulfill their obligation to provide the necessary information to make decisions about your care
- You suffered harm as a direct result of this failure
Typically, you’ll need to show that a reasonable provider with similar training would have offered more information and provided you with more of an opportunity to make an informed decision. You will also have to demonstrate that an average, reasonable person would not have consented to the procedure if the doctor provided informed consent.
It can be difficult to prove a malpractice claim based on lack of informed consent because doctors can argue they did provide information, or that you would have agreed to the procedure even if you had more details. At Morris Wilson Knepp Jacquette, P.C., we can help you to put together a strong Philadelphia ER malpractice case with these common defenses in mind.
What Can A Philadelphia Lack Of Informed Consent Lawyer Do To Help?
At Morris Wilson Knepp Jacquette, P.C., we can help you make the strongest possible claim so you can maximize your chances of obtaining the most possible compensation. Our firm will:
- Gather evidence, including witness statements and medical records, showing the lack of informed consent
- Find experts to testify about why your care provider’s consent process fell short and to provide a certificate of merit that is necessary to move forward with malpractice claims
- Negotiate with your doctor’s malpractice insurer to try to reach a fair settlement so you can avoid the stress of court proceedings
- Help you determine if other potential defendants, such as a clinic or hospital, can be liable for your injuries based on vicarious liability rules or the clinic’s own failures. Vicarious liability rules hold employers responsible for employee negligence, while the clinic’s own failures could include issues like a failure to have an appropriate informed consent policy in place
- Go to court to prove your claim if needed to recover compensation for you
Our firm has a long history of successful claims, even in complex claims like those involving a lack of informed consent. We’ll bring our legal knowledge to work on your case.
Contact Morris Wilson Knepp Jacquette, P.C., Today
If you have had surgery that you wouldn’t have consented to if you had been properly informed of the risks and benefits, you should reach out to our legal team today. Schedule a free consultation to learn how a Philadelphia lack of informed consent lawyer can fight for you.