Informed consent is a fundamental principle in medical law and ethics. It means that a patient has a clear understanding of a medical procedure, including its risks, benefits, and alternatives, and then freely agrees to it. When this process is lacking or compromised, it’s considered a lack of informed consent.
When it comes to informed consent, key points to remember include the following:
- The patient's right to know: The doctor has a duty to disclose relevant information.
- Understanding of information: The patient must comprehend the information provided.
- Voluntary decision: The patient must freely agree to the procedure without coercion.
If a patient can prove that a lack of informed consent led to their injury, they may have grounds for a medical malpractice lawsuit.
How Lack of Informed Consent Can Lead to Injury
A lack of informed consent can exacerbate existing issues and lead to injuries in the following ways:
- Unforeseen risks. If a patient is unaware of potential risks, they cannot make an informed decision about whether to proceed with a treatment. If a serious, undisclosed risk materializes, it can lead to severe injury.
- Incorrect procedures. A patient might agree to one procedure, but the doctor performs a different one without proper consent. This can result in significant harm and complications.
- Unnecessary treatment. Without full information, a patient may agree to a treatment that is unnecessary or even harmful. This can lead to physical and emotional distress.
- Psychological harm. The violation of a patient's autonomy can cause significant emotional and psychological harm, even if no physical injury occurs.
New York Law Limits Lack of Informed Consent Claims
New York Public Health Law § 2805-d significantly confines the scope of medical malpractice actions based on a lack of informed consent. This statute imposes specific requirements and limitations on such claims.
Some of the key limitations include the following:
- Non-emergency treatment or invasive diagnostic procedures. To establish a claim for lack of informed consent under this statute, the treatment or procedure must be non-emergency in nature, or it must be a diagnostic procedure that involves an invasion or disruption of the body's integrity. This exclusion effectively precludes claims arising from emergency medical care or non-invasive diagnostic tests.
- Reasonable prudent person standard. The plaintiff must demonstrate that a reasonably prudent person in their position would not have undergone the treatment or procedure had they been fully informed of the risks and alternatives. This standard imposes a higher burden on plaintiffs compared to other jurisdictions.
- Proximate causation. The plaintiff must establish that the lack of informed consent was a direct and proximate cause of their injury or condition. This requires proof of a clear causal link between the undisclosed information and the harm suffered.
The limitations imposed by § 2805-d have a significant impact on the ability of patients to recover damages for injuries resulting from a lack of informed consent. By narrowing the scope of actionable cases and imposing stringent evidentiary requirements, the statute provides healthcare providers with a degree of protection from liability.
It is important to note that while § 2805-d limits the scope of informed consent claims, it does not eliminate the fundamental principle of patient autonomy. Healthcare providers still have a duty to obtain informed consent for non-emergency treatments and invasive procedures, and failure to do so may have consequences beyond the realm of medical malpractice litigation.
Talk with Our Attorney
At Law Offices of Charles R. Gueli, we are backed by over 25 years of legal experience, and our attorney’s primary concentration is personal injury law. We are experienced trial counsel and can help you navigate a case of lack of informed consent whether your case is handled in negotiations or trial. We can also discuss the limitations of such cases and how you can pursue compensation.
Contact us online or via phone at (516) 628-6402 to schedule a time to discuss your case with our attorney.