We trust medical professionals to help us when we are ill and at our most vulnerable. As patients, however, we retain the decision-making authority for our healthcare. Your doctor should discuss your medical options with you and share their professional opinions. It is your right, however, to make informed decisions about the medical procedures and treatments you undergo.
If your doctor does not provide you with the information you need to make well-founded health care decisions for yourself, it can lead to negative consequences and could potentially qualify as medical malpractice. A Stamford lack of informed consent lawyer can help you understand your legal options in this situation.
When you give your informed consent to undergo a medical procedure, it means that you understand the proposed treatment and agree to it. It is your doctor’s obligation to explain the primary risks associated with the procedure to you before you proceed with the treatment.
If you do not feel that you have a choice in the matter or do not understand what the procedure entails, it puts you in a difficult position. Although you do not have all the information you need to make a thoughtful decision, you are unlikely to recognize that you are ill-informed. In other words, you do not know what you do not know. This could potentially be a form of medical malpractice that our Stamford legal team can help you with.
If your doctor is suggesting a medical treatment or procedure, they should provide you with comprehensive information. While they do not have to list every potential adverse reaction, they should tell you about major concerns. It is vital to note that what is important to you may be different than what would be important to someone else. For example, if you have a risk factor that makes the procedure more dangerous for you, your doctor should inform you of this.
For this reason, attorneys must consider every medical malpractice case surrounding a lack of informed agreement relative to the exact circumstances that apply to the Stamford patient.
The basis for most lack of consent cases concerns whether the doctor should have discussed a specific risk factor with the patient. This standard is typically determined by carefully considering whether the doctor’s professional peers would have mentioned the risk under similar circumstances. Professional peers in this context refer to medical providers who are at the same professional level.
The process of assessing whether a lack of consent applies typically involves consulting with expert witnesses in relevant medical fields. If your doctor was negligent in sharing specific information and obtaining your agreement, our lawyers in Stamford can help you seek compensation for the losses you suffered.
To bring a successful lack of informed consent claim, you will need to demonstrate that you suffered damages as a result of your doctor’s failure to adequately inform you. This can include related medical expenses, lost wages (including any lost earning potential), and physical and emotional pain and suffering, which can also take a serious psychological toll. The degree to which you were negatively affected by your doctor’s failure to obtain your informed permission in Stamford will determine the extent of your legal damages.
A Stamford lack of informed consent lawyer at Berkowitz Hanna provides extensive experience to help clients who have suffered losses due to a lack of adequate medical information. We welcome the opportunity to do the same for you. We have won over $400 million in verdicts and settlements for our clients, and we are in the top three medical malpractice firms in the state.
Your recovery is too important to leave to chance. Contact us online or call us for more information about how we can help today.
Berkowitz Hanna
1177 Summer St 4th Floor
Stamford CT
06905
