Protecting Patients Denied Their Right to Make Informed Medical Decisions
Before undergoing medical treatment or surgery, every patient has the legal right to understand the risks, benefits, and alternatives. This is known as informed consent. When doctors or hospitals fail to provide this information, patients are robbed of the opportunity to make educated decisions about their own health.
If you or a loved one were harmed because a provider failed to explain the risks or performed a procedure without your consent, you may have a malpractice claim. At The C. Paul Law Firm P.C., we fight for patients in [City] and across New York whose rights were violated by negligent medical providers.
Call today for a free consultation: (212) 551-PAUL
What is Informed Consent?
Informed consent requires that doctors explain, in understandable terms:
- The nature of the procedure or treatment
- The risks involved
- The benefits expected
- Alternatives available
- The risks of refusing treatment
Patients must then voluntarily agree to the procedure. If this process is skipped or rushed, the provider may be liable for malpractice.
Common Examples of Failure to Obtain Informed Consent
| Example | Why It’s a Problem | Potential Harm |
| Undisclosed Surgical Risks | Patient not warned of possible complications | Unexpected disability, loss of function |
| Failure to Explain Alternatives | Patient not informed of non-surgical options | Undergoes unnecessary procedure |
| Unauthorized Procedures | Doctor performs surgery without consent | Legal and ethical violation |
| Failure to Warn of Side Effects | Patient not told about drug risks | Severe reaction or long-term harm |
| Language/Communication Barriers | Patient doesn’t understand due to poor explanation | Invalid consent |
Legal Considerations in Informed Consent Cases
To prove malpractice, a patient must show:
- A doctor-patient relationship existed.
- The provider failed to give full and proper informed consent.
- A reasonable patient would have made a different decision if informed.
- The patient suffered harm as a result of the undisclosed risk or procedure.
Compensation for Victims of Informed Consent Violations
Patients harmed by lack of informed consent may be entitled to damages for:
- Medical expenses for corrective treatment
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress from loss of autonomy
- Wrongful death damages for families
Frequently Asked Questions
Is informed consent just a signature on a form?
No. It requires a clear, meaningful conversation — not just paperwork.
Can a doctor perform a different procedure than the one I agreed to?
Only in emergencies. Otherwise, it may be malpractice.
What if I was not told about side effects of a drug?
Failure to warn about significant risks can form the basis of a malpractice claim.
How long do I have to file a claim in New York?
Generally 2.5 years from the malpractice date, though deadlines may vary depending on circumstances.
Serving [City] and the Greater New York Area
We represent patients and families in [City], Manhattan, Queens, Brooklyn, the Bronx, and throughout New York who were denied their right to informed consent.