When a health care professional performs a procedure or provides treatment, they are legally bound to ensure you understand the potential risks, benefits, and alternatives before proceeding. This process, known as informed consent, protects your fundamental right to make educated choices about your medical care. When a medical provider ignores that obligation and harms you as a result, it may form the basis for a medical malpractice claim.
A Hartford lack of informed consent lawyer from Berkowitz Hanna can help you hold negligent providers accountable for failing to respect your right to choose. As one of the state’s top medical malpractice firms with more than $400 million in verdicts and settlements, our attorneys will carefully review your case and pursue the full compensation you deserve with professionalism and compassion.
A claim based on lack of informed consent is distinct from a traditional malpractice case centered on negligent performance. Even when a provider performs a procedure correctly, failing to secure your informed agreement can still amount to malpractice. For example, a surgeon who performs an operation without warning you of known complications could be legally liable if one of those complications occurs and you did not have the opportunity to refuse or choose an alternative.
Our Hartford medical negligence lawyers often find that lack of proper disclosure cases involve:
Each of these scenarios may form the basis of a civil claim if the patient can prove that a reasonable person, properly informed, would have declined or altered the treatment plan.
Medical malpractice claims are complex and require proof that the health care provider breached their professional duty, that the breach directly caused harm, and that measurable damages resulted. In informed consent cases, this typically involves specialist testimony confirming that the provider’s disclosure fell below the accepted medical standard and that a fully informed patient would have chosen differently.
Our attorneys in Hartford carefully evaluate each element of your case to demonstrate how the failure to obtain consent caused avoidable injury. We collect and analyze:
We also help clients navigate procedural requirements such as the Good Faith Certificate, which must accompany every medical malpractice filing in the state. This document confirms that a qualified professional has reviewed the case and believes there is a valid basis for the claim.
When a medical professional violates your right to make an informed decision, the impact can be devastating. Our team at Berkowitz Hanna has decades of experience holding negligent doctors, hospitals, and clinics accountable. We work closely with medical specialists to prove how a provider’s failure to obtain proper consent caused your injury and to seek the full compensation you deserve for medical expenses, lost income, and pain and suffering.
If you suspect that your health care provider failed to obtain your informed consent, contact a Hartford lack of informed consent lawyer today. We will listen to your story, review the details of your care, and explain your legal options during a free, confidential consultation.
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