Medical Malpractice
Lack of Informed Consent:
- Failure to Inform of Risks
- Failure to inform of Alternatives
- Failing to Inform of Consequences
- Performing Additional Procedures
- Performing Surgery in Undisclosed Areas
NO FEE UNLESS RECOVERY
Doctors Must Explain the Risks, Consequences & Alternatives:
Pennsylvania law mandates that every competent adult individual has the legal right to decide what happens to his/her own body. We have the right to make our own medical decisions, even if everybody else around us believes we are being unreasonable.
If a doctor tells a patient that they will die if they do not have surgery, that patient is allowed to say 'no', under Pennsylvania law.
The law which protects patient's right to make their own medical decisions, also extends to the right of every patient, to be informed of the risks, consequences, and alternatives of any surgery or procedure.
It is only after understanding the risks, the consequences, and alternatives, of a proposed surgery or procedure that a patient can truly make an informed decision.
An action or lawsuit for lack of informed consent is actionable, even if the procedure or surgery was performed correctly, and even if the surgery was beneficial.
Our Pittsburgh medical malpractice attorneys have helped many clients involving lack of informed consent.
We believe strongly that patients have the legal and moral right to decide what happens to their own bodies.
Physicians are not allowed legally to substitute their decision-making process for that of the patient. If you believe a procedure or surgery was performed whereby you did not understand the risks, consequences, alternatives, or if you believe more surgery was performed than previously agreed upon, you should call our medical malpractice lawyers and let us review your case for free.
We Know the Law for 'Lack of Informed Consent" Cases:
In every Pennsylvania Lawsuit for Lack Of Informed Consent, Plaintiffs are required to supply to the court proposed jury instructions. The Instructions set forth to the judge what we believe the jury should be told about the law in Pennsylvania. Judge's have discretion. Below is a copy of the jury instructions, from a recent jury verdict obtained by Attorney Noah Paul Fardo, involving lack of Informed Consent.
Attorney Fardo was able to convince a jury to award money to an elderly diabetic African American who lost his big toe, because the doctor felt without removing it, the gentleman may lose his entire foot. This was a very difficult case because the defense was able to establish that the procedure was performed properly and was in the best interest of the patient.
However, if you understand Pennsylvania Law, as the jury did, patients still have the right to make their own medical decisions or seek second opinions.
EXAMPLE: (Proposed Jury Instructions | Lack of Informed Consent):
Here is the exact jury instructions that were proposed by Attorney Fardo in a recent successful jury verdict concerning lack of informed consent:
1. You are instructed that a patient must consent to a surgical procedure before the surgical operation is performed. An operation without the patient’s consent constitutes a battery. Montgomery v. Bazaz-Shegal, 568 Pa. 574, 584-86; 798 A.2d 742, 749-50 ( 2002); Foflygen v. R. Zemel, M.D., (P.C.), 420 Pa. Super. 18; 615 A.2d 1345 (1992).
2. “Consent,” within meaning of agreement to operation by doctor, means a voluntary agreement by person in possession and exercise of sufficient mentality to make an intelligent choice to do something proposed by another. Gray v. Grunnagle, 423 Pa. 144, 157; 223 A.2d 663, 669 (1966).
3. A claim involving a surgical procedure performed without any consent at all by the patient sounds in battery. Montgomery v. Bazaz-Shegal, 568 Pa. at 585; 798 A.2d at 749.
4. A doctor who operates on a patient without that patient's consent is liable for damages which occur, notwithstanding the care exercised. Gouse v. Cassel, 532 Pa. 197, 204; 615 A.2d 331, 334 (1992).
5. Additionally, the law imposes upon physicians a duty to obtain the informed consent of a patient prior to performing surgery. 40 Pa. C.S.A. § 1303.504; Montgomery v. Bazaz-Shegal, 568 Pa. 574, 584-86; 798 A.2d 742, 749-50 ( 2002); Foflygen v. R. Zemel, M.D., (P.C.), 420 Pa. Super. 18; 615 A.2d 1345 (1992).
6. The information provided by the physician must be sufficient to give the patient a true understanding of the nature of the operation to be performed, the seriousness of it, the organs of the body involved, the disease or incapacity sought to be cured, and the possible results. Montgomery, 568 Pa. at 584; 798 A.2d at 748.
7. The duty of informed consent requires a physician to advise the patient of those material facts, risks, complications and alternatives to surgery that a reasonable person in the patient’s situation would consider significant in deciding whether to have the operation. Montgomery, 568 Pa. at 584; 798 A.2d at 748.
8. Lack of informed consent is the legal equivalent to no consent; thus, the physician or surgeon who operates without his patient's informed consent is liable for damages which occur, notwithstanding the care exercised. Gouse v. Cassel, 532 Pa. 197, 204; 615 A.2d 331, 334 (1992).
The Advantage of Having Physicians on Retainer:
FLAHERTY FARDO, LLC has a distinct advantage over many other law firms by having immediate and unfettered access to board certified physicians to review cases and to help with the prosecution of medical malpractice actions when negligence exists.
Our law firm is proud to have both Dr. Barbara Fardo, D.O. and Dr. Dean Fardo, on retainer to fully evaluate our potential medical malpractice cases.
Both Dr. Fardo's are board certified and operate their own medical practices respectively.
We accept about 1 out of 10 medical malpractice cases we review based upon the trusted judgment and advice of our physicians.
During trials, it is an enormous asset to have physicians answer key and complex medical questions. Combining the trial experience of our law firm, with the expertise of our physicians, we believe gives us the greatest opportunity to maximize monetary recovery for our injured clients.
Pennsylvania Requires 'The Certificate of Merit':
In 2003, the Pennsylvania State Supreme Court approved a new rule requiring attorneys to obtain a "certificate of merit" from a medical professional establishing that the medical work in the case fell outside acceptable standards.
A lawyer failing to obtain the certificate cannot bring a case to trial. Public opinion and political pressure have left severely injured victims to face cynical juries.
Therefore, it is imperative that medical malpractice claims are investigated by competent attorneys who have immediate access to a variety of physicians for review.
No Fee Unless Recovery is Made:Our representation for medical malpractice and/or medical negligence cases involving misdiagnosis or failure to diagnosis is based on a contingent fee structure. There is absolutely no fee unless we obtain recovery for you.
If we represent you or a loved one in a medical malpractice case involving misdiagnosis, you can rest assured that we cannot make money unless we obtain monetary recovery for you or our client.
Our fees are often reduced in catastrophic situations. We truly believe it is your money and not ours. We will always reduce our fees in tragedies involving minor children.
In these cases, we advance all costs of investigation and litigation, and will not be reimbursed unless we are successful in settlement or at trial regardless of how much money we advance. Our Pittsburgh law firm advances large sums of money with zero risk to our injured clients.
If you are injured, we will make any necessary accommodations to offer you the most convenient consultation possible. Whether you are at home or in a hospital, we will listen to the situation which caused your injury.
Our goal is to win your trust and business as your attorneys and to maximize all recoveries available under the law. There is absolutely no fee or cost for any of our initial consultations.
If you or a loved one needs to speak to an attorney concerning a possible misdiagnosis or failure to diagnose, please call our Pittsburgh law firm. Consultations can be done in person, on-line or via telephone at 412.802.6666 or toll free at 1.877.744.3476.