Doctors must inform their patients clearly and thoroughly about the available treatment options and risks associated with them. They must then obtain explicit consent from their patient before providing care. While most doctors comply with this requirement, it is unfortunately not unheard of for healthcare providers to treat patients without properly obtaining informed consent first, which can sometimes have life-altering repercussions for their patients.

When a surgeon, medical specialist, or any other healthcare professional performs a procedure on you without first warning you about its risk, you may be able to file a malpractice claim against them based on their failure to warn with a qualified surgical mistake attorney’s help. However, this type of claim can be complicated even by the usual standards of malpractice litigation, so you should strongly consider specifically retaining a Philadelphia failure to warn medical malpractice lawyer at Lowenthal & Abrams who has handled similar claims successfully in the past.

What Does State Law Say About “Informed Consent”?

The legal requirements placed on medical professionals in the state regarding informed consent have changed substantially. Currently, leading physicians—while still maintaining ultimate liability for the overall care of their patients—are allowed to delegate the task of obtaining informed consent to other qualified practitioners and can rely on information provided by such a practitioner when there is any question as to whether informed consent was obtained for a particular patient and procedure.

This requirement means that, with relatively few exceptions, not being informed of a procedure’s risks directly by the physician who would perform that procedure does not count as a legally actionable failure to warn if another qualified person provided it. However, if the practitioner to whom that task was delegated failed to alert the patient, there may be grounds for a claim that a Philadelphia attorney knowledgeable about medical malpractice claims can help a person pursue.

Recovering for Specific Effects of a Failure To Warn

Undergoing a medical procedure without giving informed consent can be an emotionally and psychologically traumatizing experience, and various forms of mental anguish can be factored into a failure to warn malpractice lawsuit in Philadelphia. As a well-versed lawyer can affirm, the primary focus of this type of lawsuit will be physical and financial harm that the patient sustained as a direct result of the treatment they were not adequately warned about.

This warning can include not only the costs of additional medical care needed to treat the treatment’s effects but also details like lost working ability or work income and, if applicable, disability-related costs for items like assistive equipment and in-home care. Physical pain can also be incorporated into a claim, usually impacting the patient’s ability to hold gainful employment and maintain their overall quality of life.

Discuss Legal Options With a Philadelphia Failure To Warn Medical Malpractice Attorney

No matter what type of injury or illness you are dealing with, you should always be the one to decide what type of medical treatment you receive or if you want to receive treatment at all. A doctor who treats you without first obtaining your informed consent has overstepped their boundaries in terms of the law and their professional ethics. They may be civilly liable for any harm they caused you through improper actions.

Assistance from a well-practiced Philadelphia failure to warn medical malpractice lawyer is available with your potential lawsuit. Call Lowenthal & Abrams today for a consultation.


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