What is an Informed Consent claims?
An informed consent claim is distinct and separate from a negligence claim. Before a surgeon may perform an operation, she must first obtain the patient’s consent because any unauthorized touching is a battery. In medicine, a patient cannot give proper consent unless he is first told about all of the known risks associated with the operation. He must be told every risk that any reasonably prudent patient would want to know. If a patient is not advised of a significant risk, and he can show that he would not have had the procedure if had been told about that specific risk, the physician will be liable if the harm does in fact occur. To document that they have advised their patients of all the significant risks, physicians have their patients signs a form that lists all the possible risks. The attorneys at SWARTZ SC CULLETON PC can advise you if you have an informed consent claim.
