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What is "Lack of Informed Consent?

 

A: When you have a procedure such as surgery, your physician is obligated to inform you about the risks, benefits and alternatives to the procedure. This way you become informed about your medical options available to you. In many instances, the physician fails to advise the patient about specific risks or alternatives to the procedure, or the patient has a bad outcome where one or more risks was not disclosed to the patient. The key issue in this type of claim is whether the patient would still have proceeded forward with the procedure, had they, as a reasonable person, known of the risks of the procedure. If the answer is no, then there is likely a basis for a claim. If the patient would have gone ahead regardless of the risks, even though the physician may not have told them of that specific risk, then in all likelihood they would not have a viable basis for such a claim. As you know, each case is fact-specific. Please call an experienced attorney to get an informed answer.