Every patient has a legal right to receive full and accurate information about their medical care. When a provider fails to explain the potential risks or alternatives of a treatment or procedure, that omission may qualify as a lack of informed consent. This breach can leave patients facing unnecessary injury, emotional distress, or financial hardship.
If your health care provider did not obtain your informed consent before a procedure, you may have grounds for a medical malpractice claim. A New Haven lack of informed consent lawyer from Berkowitz Hanna can evaluate your situation and guide you through each step of the legal process. Our attorneys regularly handle medical negligence cases and can help you pursue accountability for the harm you have suffered.
Under Connecticut General Statutes § 52-184c, medical professionals must meet the recognized standard of care in their field. That standard includes giving patients enough information to make an educated decision before proceeding with a proposed treatment. When a provider in New Haven fails to meet this responsibility, the lack of informed consent may be grounds for a medical negligence claim, which an experienced attorney can help you determine.
To establish a lack of informed consent, you must prove that your provider failed to disclose information that a reasonable patient would want to know, that you would have made a different decision if properly informed, and that you suffered harm as a result of the undisclosed risk or complication.
Our attorneys often consult with medical professionals to determine what a competent provider would have disclosed under similar circumstances and how the omission led to your injuries.
Failure to obtain informed consent can arise in many medical settings. Some common examples include:
Each of these scenarios represents a breach of trust and professional duty. When a health care provider in New Haven fails to explain the details of a medical treatment and you suffer preventable harm as a result, an attorney experienced in these cases can help you understand your rights and pursue the justice you deserve.
When a patient sustains an injury because their provider failed to obtain informed consent, the law allows recovery for both financial and personal losses. These may include:
In some cases, punitive damages may be available if the provider acted with reckless disregard for patient safety. Our attorneys with knowledge about failure to obtain consent cases in New Haven will help ensure the proper documentation of every loss and pursue the maximum compensation possible under the law.
Doctors must provide patients with honest, thorough information about medical treatments. When they fail to meet this duty, their negligence can have lasting effects. If you did not receive the information you needed to make an informed medical decision, you should consider taking legal action.
A New Haven lack of informed consent lawyer from Berkowitz Hanna will investigate your claim, consult with medical professionals, and fight for accountability. Contact us today for a free consultation to discuss your case and learn how we can help you move forward.
Berkowitz Hanna
251 Edwards Street
New Haven CT
06511
