Failure to Obtain Informed Consent: Patient Rights in Hospital Care
A primary right every patient has is informed consent. Healthcare providers have a legal and ethical obligation to fully disclose relevant information about any proposed medical procedure, except in true emergencies. If a patient doesn’t receive all the information they are entitled to and is harmed as a result, it may qualify as medical negligence. Our experienced Cherry Hill informed consent attorneys at Ginsberg & O’Connor are standing by to help you.
The Key Components of Informed Consent
For a patient to provide informed consent for a medical procedure or treatment, several requirements must be met. To begin, they must have adequate information, must have a clear understanding of what they’re agreeing to, and must make their own decision voluntarily and without coercion.
The basic responsibilities of medical providers in relation to informed consent, according to the New Jersey Patient Bill of Rights, include all the following:
- The medical information must be explained in plain language rather than in complex medical terms that the patient could have difficulty understanding.
- The patient must be informed of the available medical alternatives. This includes all reasonable alternatives, even if the medical provider wouldn’t recommend them.
- The medical practitioner must disclose the material risks associated with the treatment or care. This doesn’t mean touching on every conceivable concern, but serious issues, including the risk of death, must be addressed.
- Express written informed consent must be obtained before a specific invasive examination while unconscious, such as of the breasts, rectal cavity, and reproductive organs.
Informed consent is generally required for surgeries, for invasive diagnostic procedures, and for practices related to experimental research.
Your Cherry Hill Informed Consent Case
New Jersey has a two-year statute of limitations for medical negligence claims. This means that you have only two years from the date that you suffered an injury due to a lack of informed consent to file a related lawsuit. This extends to two years from the date that you recognized or reasonably should have recognized that you’d suffered an injury by your lack of informed consent if it wasn’t immediately clear.
Cherry Hill cases are generally filed at the Camden County Superior Court in downtown Camden. Once the defendant responds to the case, you’ll have 60 days to file an affidavit of merit (AOM), which is a statement sworn by a qualified medical expert. The AOM must report that the care you received likely fell below the professional standard of care required by the medical profession.
The requirements for successful informed consent cases are exacting, and even a small misstep could leave you without legal recourse. Having a capable legal representative in your corner can make all the difference.
It’s Time to Consult with Our Experienced Cherry Hill Informed Consent Lawyers
Our accomplished Cherry Hill informed consent attorneys at Ginsberg & O’Connor appreciate the immense damage that failure to obtain informed consent can cause, and we’ll leave no stone unturned in our focused efforts to help. To learn more, please don’t delay contacting us online or giving our firm a call at 856-727-1991 today.