by Ebeneezer » Sun May 11, 2014 7:57 am
As in any malpractice litigation, informed consent cases are fact specific.A plaintiff's medical malpractice lawyer pursuing a lawsuit claiming violation of informed consent must show not only that the Plaintiff's rights were violated by a health care provider's failure to provide this information, but also that a reasonable person in the position of the Plaintiff, without the benefit of hindsight, would or would not have chosen the treatment at issue had accurate information been given. It is important to note that this last requirement will not necessarily be satisfied by testimony in the law suit from the Plaintiff that he or she would or would not have chosen the treatment in dispute. The fact finder in the lawsuit, whether it be a judge or a jury, is free to find, despite testimony from the plaintiff to the contrary, that a reasonable person would have chosen to decline or accept the treatment in dispute. For this reason, many violations of informed consent will not give rise to good malpractice claims.You may conclude from the above general information that these cases are indeed difficult to win.You should discuss the specifics of your situation with a medical malpractice attorney in your state.