Surgical Errors Blog

Medical Malpractice and “Informed Consent” Attorney Somerset NJ

October 19, 2019

Medical Malpractice Attorney serving affected patients in New Brunswick, Somerville and throughout Somerset

Doctors have the responsibility of informing the patients about the risks that are associated with any proposed medical procedure. This is known as ‘informed consent’ in legal terminology.

In case a medical practitioner does not get ‘informed consent’ before the commencement of medical treatment, a patient can file a medical malpractice case in case of injury associated with the procedure. Here we will tell you about what is meant by informed consent, and what you should do in case you have not consented to treatment.

Informed Consent in the Legal Context

Informed consent is necessary before the doctor performs any medical treatment. The patient must consent to the treatment plan, otherwise, the doctor will be held liable for any physical or mental injury suffered due to the procedure.

In a legal context, informed consent is not just getting consent from the patient. It means that the doctor must inform about the risks associated with the proposed medical treatment plan. The medical professional must inform about all the complications that can occur with the medical procedure whether they are minor or major.

The patient can give ‘informed’ consent only once he or she is informed of all the risks and associated with medical treatment.

For instance, the informed consent form regarding knee surgery can include such complications as potential bleeding, postoperative infection, persistent swelling, blood clots, pulmonary embolisms, and torn blood vessels. Even rare risks such as compartment syndrome and sympathetic dystrophy should be listed in the consent form. The more comprehensive the lists of complications, the less are the chances that the doctor will be liable for a medical malpractice case.

Informed Consent and Medical Malpractice Claim due to Negligence

Keep in mind that the informed consent will bar a patient from filing a medical malpractice claim only if the medical personnel took proper care and precaution in performing the medical procedure. No legal form can prevent a patient from filing a medical malpractice claim if the injury occurred due to the negligence of the health care personnel.

A health care provider cannot use informed consent as a ruse against a medical malpractice claim due to the negligence of the hospital staff. If medical personnel has made errors that amounted to negligence resulting in harm to the patient, he or she is legally required to compensate the person for the losses.

Contact a Somerset County Medical Malpractice Attorney 

The laws relating to medical malpractice claims are complex. In order to increase your chances of a positive outcome, it is important to enlist the counsel of an experienced attorney to help protect your rights and navigate the intricacies of the court system.

The Law Office of Brian J. Levine has been providing professional services to the residents of Somerset County, Bridgewater, New Brunswick, and Somerville in NJ for over three decades. You can contact us today for a free, no-obligation consultation regarding your medical malpractice case by calling 908-243-0111.