Before undergoing any medical procedure, patients have the right to understand the risks, benefits, and alternatives involved. When a doctor or medical provider fails to properly inform a patient—and the patient suffers harm as a result—Georgia law may allow the patient or their family to pursue compensation through an informed consent medical malpractice claim.
Informed consent cases are distinct from traditional malpractice claims because they focus on what the patient was not told before treatment occurred. If you or a loved one was injured after a procedure you did not fully understand or agree to in Georgia, The C. Paul Law Firm P.C. can help evaluate whether your rights were violated.
What Is Informed Consent Under Georgia Law?
Informed consent is a legal and ethical requirement that obligates medical providers to disclose material information a reasonable patient would need to make an informed decision about treatment. This includes known risks, potential complications, and available alternatives.
Under Georgia law, a provider may be liable when they fail to obtain proper informed consent and the undisclosed risk later causes injury.
When Lack of Informed Consent Becomes Malpractice
An informed consent claim may arise when a provider:
- Fails to disclose known risks or complications
- Minimizes or omits serious side effects
- Does not explain alternative treatment options
- Performs a procedure without patient authorization
- Performs a substantially different procedure than agreed upon
- Uses experimental or non-standard treatment without disclosure
- Fails to explain risks associated with anesthesia or medication
The issue is not whether the procedure was performed correctly, but whether the patient would have declined or chosen differently if properly informed.
Common Medical Procedures Involving Informed Consent Claims
Procedures Frequently Involved in Consent Violations
| Procedure Type | Common Consent Issues |
| Surgery | Undisclosed complications or risks |
| Cosmetic Procedures | Failure to disclose permanent disfigurement |
| Anesthesia | Failure to explain anesthesia risks |
| Medications | Undisclosed side effects or interactions |
| Diagnostic Procedures | Failure to explain invasive risks |
| Experimental Treatment | Lack of disclosure or authorization |
Informed consent issues often arise in elective or high-risk procedures.
Injuries Commonly Linked to Informed Consent Violations
Failure to obtain informed consent may result in:
- Unexpected surgical complications
- Permanent injury or disability
- Disfigurement
- Chronic pain
- Emotional trauma
- Loss of bodily autonomy
- Wrongful death in severe cases
Georgia courts recognize that patients have the right to decide what happens to their bodies.
What Must Be Proven in a Georgia Informed Consent Case
To pursue an informed consent malpractice claim in Georgia, a patient generally must establish:
- The provider had a duty to obtain informed consent
- The provider failed to disclose material risks or alternatives
- A reasonable patient would have declined or chosen differently if informed
- The undisclosed risk occurred
- The patient suffered injury or damages
Expert medical testimony is often required to establish what disclosures were required.
How Informed Consent Claims Differ from Other Malpractice Cases
Unlike traditional malpractice claims, informed consent cases do not require proof that the procedure itself was negligently performed. Liability is based on lack of disclosure, not technical error.
These claims are often brought alongside surgical error or anesthesia error cases.
Georgia’s Expert Affidavit Requirement
Most informed consent malpractice lawsuits in Georgia must be filed with an expert affidavit identifying the failure to disclose and explaining how it violated the applicable standard of care.
Failure to comply can result in dismissal, making early legal evaluation critical.
Damages Available in Informed Consent Claims
Depending on the severity of harm, recoverable damages may include:
- Medical expenses related to the injury
- Corrective treatment or surgery
- Pain and suffering
- Emotional distress
- Permanent injury or disfigurement
- Loss of enjoyment of life
- Wrongful death damages (when applicable)
Damages may be substantial when injuries are permanent or life-altering.
Statute of Limitations for Informed Consent Claims in Georgia
Most informed consent malpractice claims in Georgia must be filed within two years from the date of injury or death. Georgia’s statute of repose may also apply.
Missing these deadlines can permanently bar recovery.
What to Do If You Believe You Did Not Give Informed Consent
To protect your legal rights:
- Obtain copies of consent forms and medical records
- Document what risks were explained versus what occurred
- Seek a second medical opinion
- Preserve communications and written materials
- Avoid discussions with insurers or providers without legal guidance
- Seek a professional legal evaluation promptly
Early review helps preserve evidence and expert support.
Frequently Asked Questions
Is signing a consent form enough?
Not always. Consent must be informed, not just documented.
Can informed consent apply to emergency situations?
Emergencies may limit consent requirements, but not always eliminate them.
Can informed consent claims be combined with other malpractice claims?
Yes. They are often paired with surgical or anesthesia error cases.
Why Choose The C. Paul Law Firm P.C.
- Experience evaluating complex Georgia medical malpractice claims
- Knowledge of informed consent standards and patient rights
- Strategic analysis of causation and damages
- Clear, professional communication
- Commitment to ethical, patient-focused representation
We approach informed consent cases with precision, respect, and accountability.
Speak With an Informed Consent Malpractice Lawyer in Georgia
If you were injured after a medical procedure without proper informed consent in Georgia, The C. Paul Law Firm P.C. is ready to help you understand your legal options.
The C. Paul Law Firm P.C.
1870 The Exchange, Suite 200, #1387
Atlanta, GA 30339
Phone: (212) 551-PAUL
Website: www.cpaullawfirm.com
Reach out today to speak with a member of our team and take the next step toward accountability and justice.