New York City Lack of Informed Consent Lawyer
Medical malpractice is not always the result of a missed cancer diagnose or a surgical mistake. Malpractice can also take the form of performing surgery or treating a patient without first getting their informed consent. “Informed consent” means more than just “consent.” Surgery, especially under general anesthesia, always carries risks, but patients might decide the operation is worth the risk once they understand the risks and benefits of the procedure as well as the risks and benefits of alternatives, including what might happen if they didn’t choose any treatment at all.
When doctors fail to disclose the significant risks of surgery and obtain the patient’s informed consent before operating, they can be liable for malpractice for any harm the patient suffers, even if the operation was not performed negligently. Attorney Michael Gunzburg has a history of standing up for medical malpractice victims in New York City and holding doctors and hospitals accountable for the injuries they cause. If you suffered from an operation that you wouldn’t have chosen had you known the facts, and no reasonable person would have accepted that treatment or procedure had they been fully informed, you have the right to compensation for any harm caused by that lack of consent, and our NYC lack of informed consent lawyer Michael Gunzburg, P.C., can help.
New York Limits Medical Malpractice Claims Based on Lack of Informed Consent
New York Public Health Law 2805-d limits the scope of medical, dental or podiatric malpractice actions that are based on the lack of informed consent. Because of this law, medical malpractice claims for lack of informed consent are limited to non-emergency treatments, procedures or surgeries, as well as diagnostic procedures that involve invasion or disruption of the integrity of the body. Emergency medical care or noninvasive tests can’t be the basis for this type of malpractice claim, even if performed without getting the patient’s informed consent. Additionally, doctors can raise any of the following defenses, when applicable, to avoid liability for failing to obtain informed consent:
- The undisclosed risk was so commonly known that it didn’t need to be disclosed
- It was not reasonably possible for the doctor to obtain consent from the patient or on the patient’s behalf
- The patient assured the doctor that he or she wanted the treatment regardless of the risk
- The patient assured the doctor that he or she did not want to be informed
- After considering all the related facts and circumstances, the doctor used reasonable discretion in not disclosing risks or alternatives based on a reasonable belief that disclosure could negatively and substantially affect the patient’s condition
Because of this law and the considerable leeway it gives doctors to challenge claims of malpractice based on lack of informed consent, it is especially important to get advice and representation from a knowledgeable New York medical malpractice lawyer who is experienced and dedicated I representing patients harmed by a doctor’s negligence. At Michael Gunzburg, P.C., we’ll look closely at all the facts surrounding the case. Some of the questions we may ask include:
- Did the patient sign consent forms?
- Were consent forms clear and complete?
- Did the consent forms adequately explain the risks and benefits of the procedure and alternatives?
- What was the nature of any undisclosed risk?
- Could the doctor or hospital reasonably obtained consent but failed to do so?
- Would a reasonable person have declined the operation had they known certain undisclosed facts about the surgery?
At the law office of Michael Gunzburg, P.C., we work closely with our clients to keep them involved and informed about their case. Every case is unique, so we take the time to fully understand the facts, the harm done, and the legal remedies our clients want and need. We strive to get the best results every time because we believe that’s what our clients deserve after they’ve been harmed by a doctor’s or hospital’s avoidable mistakes.
Call Michael Gunzburg, P.C., in New York City to Discuss Your Claim Based on Lack of Informed Consent
If a doctor in a New York City hospital or surgery center failed to get your informed consent yet conducted an operation anyway, call attorney Michael Gunzburg at 212-725-8500 to discuss your case. We help medical malpractice victims in Manhattan, The Bronx, Brooklyn and Queens harmed by negligence and other medical mistakes.