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New York Court Explains Elements of a Lack of Informed Consent Claim

When a doctor recommends a treatment to a patient, they must not only inform the patient of its benefits but also of any potential complications or side effects that may arise. Additionally, the doctor must advise the patient of other treatment options that are available. If a physician fails to do so and a patient subsequently suffers harm, the patient may be able to establish liability for lack of informed consent. If the plaintiff fails to introduce evidence establishing a material factual issue as to whether the defendant obtained valid consent prior to treating the plaintiff, however, the plaintiff’s lack of informed consent claims may be dismissed. This was demonstrated in a recent opinion issued in a New York cardiology malpractice case. If you sustained losses due to your heart doctor’s carelessness, it is in your best interest to speak to a Syracuse cardiology malpractice lawyer regarding your rights.

The Facts of the Case

It is alleged that the plaintiff was treated with the defendant cardiologist for heart issues. The defendant recommended that the plaintiff undergo surgical repair of his mitral valve and an aortic aneurysm. The plaintiff suffered complications following the surgery and filed a medical malpractice lawsuit against the defendant. Among other things, the plaintiff claimed that the defendant failed to obtain his informed consent prior to operating on his heart. The defendant moved for dismissal via summary judgment, and the court granted his motion. The plaintiff then appealed.

Elements of a Lack of Informed Consent Claim

On appeal, the appellate court explained that the defendant made a prima facie showing of informed consent via medical records and testimony that demonstrated that he advised the plaintiff of the relatively foreseeable risks associated with the treatment, and the plaintiff signed two different consent forms acknowledging his understanding of those risks.

In response, however, the plaintiff neglected to prove that a person of reasonable prudence would not have undergone surgery if informed that the defendant would repair the aneurysm first, which could impact the method he used to repair the mitral valve. Further, the appellate court explained that to the extent the plaintiff’s lack of informed consent claim arose out of the defendant’s decision not to perform an annuloplasty repair, it must be dismissed, as the claim was not viable. The appellate court found the remainder of the plaintiff’s arguments to be unpersuasive. Thus, it affirmed the trial court ruling,

Meet with a Dedicated Syracuse Medical Malpractice Attorney

Many heart procedures carry a significant degree of risk, and if a doctor fails to inform a patient of such risks prior to performing the procedure, they may be liable for damages. If you were injured by the negligence of your cardiologist, you might be able to pursue cardiology malpractice claims, and it is smart to meet with a lawyer. The dedicated attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can inform you of your rights and help you to pursue any compensation you may be able to recover. You can contact us through our form online or by calling us at 833-200-2000 to set up a meeting.









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