Lack of Informed Consent
We help protect patients who did not understand the risks, consequences and/or alternatives of their surgical procedures.
- Failure to Inform of Risks
- Failure to Inform of Alternatives
- Failing to Inform of Consequences
- Performing Additional Procedures
- Performing Surgery in Undisclosed Areas
- Attempting Procedures Not Trained In
- Attempting Procedures Not Credentialed
- Physician Exaggerating Experience
- Physician Exaggerating Insurance Coverage
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Pennsylvania Informed Consent Requires Risks, Consequences & Alternatives:
Pennsylvania law on informed consent 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 the Pennsylvania informed consent 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 Pennsylvania ‘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. 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.
No Fee Unless Recovery is Made:
Our representation for medical malpractice and/or medical negligence cases involving lack of informed consent 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 lack of informed consent, you can rest assured that we cannot make money unless we obtain monetary recovery for you or our client.
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.
Read our Medical Malpractice Articles:
- Attorney Bill Rogel Repeats as Super-Lawyer Rising Star for 2013.
- The 3 keys to overcoming the medical malpractice bias in Pittsburgh.
- Handling the Botched Breast Augmentation Case
- Fardo Interviewed by USA Today About Non-Qualified Doctors Attempting Plastic Surgery.
- How Much is My Pennsylvania Personal Injury Case Worth?
- Attorney Noah Fardo Recognized by Elite Lawyers of America.
- 3 Steps to Finding the Best Pittsburgh Medical Malpractice Lawyer.
- How to prepare for your Medical Malpractice Deposition.
- What is the Pennsylvania ‘Certificate of Merit’?
- Six-Figure Settlement for Victim of Awake Breast Augmentation
- Botched Plastic Surgery involving Breast Reduction Settles for over a Million Dollars.
- Money does help families recover after serious injuries.
- Awful Plastic Surgery? Free Case Evaluation.
- Our Unique Plastic Surgeon/Lawyer Team.
- What is Pennsylvania Medical Malpractice?
Pennsylvania Medical Malpractice Table of Contents:
- Wrongful Death Lawsuits
- Plastic Surgery Errors
- Bad Breast Augmentations
- Our Lawyer/Plastic Surgeon Team
- Surgical Errors & Mistakes
- OB/GYN Mistakes
- Anesthesia Errors
- Emergency Room Mistakes
- Failure to Diagnose
- Lack of Informed Consent
There is absolutely no fee or cost for any of our free initial personal consultations. Consultations can be done in person, on-line or via telephone at 412.802.6666 or toll free at 1.877.744.3476.