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Articles Posted in Lack of Informed Consent

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New York Court Discusses Vicarious Liability in Medical Malpractice Cases

When people suffer harm due to incompetent medical care, it is often the result of negligence. In some instances, the failings of more than one party contributed to the injured patients’ harm, and each negligent party may be deemed responsible. For example, a hospital may be liable for the carelessness…

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New York Court Discusses Proving Liability for Failure to Obtain Informed Consent

It is well established under New York law that a doctor must obtain a patient’s informed consent prior to performing a procedure. If they fail to do so and a patient subsequently suffers harm, they may be liable for medical malpractice. Recently, a New York court discussed what a plaintiff…

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New York Court Discusses the Evidence Needed to Support a Lack of Informed Consent Claim

Typically, the treatments offered for chronic back pain carry some degree of risk. While the benefits of such care often exceed the potential side effects, a patient must be adequately advised of the complications that may arise following a treatment in order to make a fully educated decision. If a…

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New York Court Discusses Proof Needed to Demonstrate Lack of Informed Consent

Generally, before a surgical procedure, a physician will explain the risks, benefits, and potential side effects to the patient before obtaining his or her consent to proceed. If a doctor neglects to, though, and the patient subsequently suffers harm, there may be grounds to pursue a claim for lack of…

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