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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.

Call (610) 719-3190 right now to let our failure to obtain informed consent attorneys review your case during a free consultation. We help people from areas in Chester County, Lancaster County, Delaware County, Philadelphia County, and Montgomery County.