Failure to Obtain Informed Consent
Informed consent is defined in the Health Care Services Malpractice Act as the consent of a patient to the performance of health care services by a physician or podiatrist. Under Section 811-A of the act, a physician owes a duty to a patient to obtain his or her informed consent or the informed consent of his or her authorized representative prior to conducting the following procedures:
- Performing surgery, including the related administration of anesthesia
- Administering radiation or chemotherapy
- Administering a blood transfusion
- Inserting a surgical device or appliance
- Administering an experimental medication, using an experimental device or using an approved medication or device in an experimental manner
When a physician fails to disclose a risk or a patient receives unauthorized treatment, it may result in serious injuries that cause tremendous pain and suffering, possible disabilities, and maybe death. These consequences can further cause numerous forms of financial harm for the victim, and he or she could be unable to ever work again or even be able to care for him or herself.
If a doctor or physician fails to provide his or her patient with sufficient, easy-to-understand information necessary to make an informed decision, then the medical professional could be considered negligent for breaching his or her duty of care owed to the patient. In such a case, the physician or doctor would be liable for all financial damages caused by any treatment or procedure performed without informed consent. In cases of gross negligence, there may be additional parties such as hospitals or other medical employees who were involved in the harm the patient suffered.
Damages in these types of cases will often be sought from the negligent doctor or physician’s insurance companies. These insurers will often have attorneys prepared to challenge these legal claims, knowing full well that it can be difficult for a person to prove he or she would not have agreed to a procedure or treatment had he or she been provided more information about the risks. Insurance companies may also argue that the harm a patient suffered was not a direct result of a physician or doctor failing to obtain informed consent.
If you suffered severe injuries or your loved one died because of treatment or a procedure performed without informed consent, you should contact the West Chester medical malpractice lawyers at Ciccarelli Law Offices as soon as possible. We work as a team to diligently investigate these cases, and our firm provides legal representation on a contingency fee basis so clients pay us absolutely nothing unless we get them financial compensation.
Contact Our PA Personal Injury Lawyers
We are a team of Pennsylvania Personal Injury Lawyers our main offices located in West Chester, Chester County Pennsylvania and serving clients throughout the greater Philadelphia Metro Area including Lancaster County, Berks County, Bucks County, Delaware County and Montgomery County. If your family has been victimized by the negligence of another and you are seeking a free initial consult on you rights and possible claims, it is crucial you speak to an experienced Pennsylvania Injury lawyers in order to ensure your rights are protected and to review all of your legal options with you.
The Injury attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been injured in accidents. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients throughout Pennsylvania including but not limited to in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Lancaster, Media, Harrisburg, Reading, Philadelphia, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.