Failure to Disclose is Medical Malpractice
Posted on June 23, 2017 in Medical Malpractice by Folkman
A doctor has a duty to disclose all relevant information regarding a medical treatment to their patients. This allows the patient to make a fully-informed and understanding decision about their own treatment. If a doctor fails to disclose important information, it may leave him or her liable for medical malpractice.
Information a Doctor Must Disclose
This doctor’s duty to disclose includes such factors as:
- What exactly the treatment involves
- Possible risks of receiving the treatment
- Possible risks of not receiving the treatment
- The operation’s rate of success
- Alternative treatments
- Risks and benefits of these alternative treatments
- Risks and benefits of refusing procedure altogether
This duty also makes it important that a patient does not feel unfairly pressured to continue with a test, treatment, or procedure. Healthcare providers must also inform patients fully of their qualifications and experience before beginning.
Consent Must Be Obtained
Informed consent forms are often standard with medical treatment. They normally state that a patient is consenting to a procedure after being fully informed of all risks and possible alternatives. Such written documentation is usually required for major procedures, such as surgery or participation in experimental protocols. Routine medical procedures often find documented verbal consent to be sufficient. A parent or guardian can make informed consent for a minor.
Suing a Doctor for Medical Malpractice Due to Failure to Disclose
To successfully bring a suit against a doctor, an individual must prove that their doctor failed to disclose some pertinent information and that they suffered an injury as a result of that failure. If you suffer from the harm that you were not informed of, you have cause to sue.
South Jersey Medical Malpractice Lawyers at Folkman Law Offices, P.C. Represent Victims of Medical Mistakes
If you have been the victim of a failure to disclose or any other form of medical malpractice, then the South Jersey medical malpractice lawyers at Folkman Law Offices, P.C. are ready to help. From our offices in Cherry Hill, New Jersey, Philadelphia, and King of Prussia, Pennsylvania we assist clients from throughout New Jersey and Pennsylvania, including clients in Camden County, Salem County, Cumberland County, Burlington County, Atlantic County, Cape May County, as well as the towns of Cherry Hill, Camden and Mount Holly. Call 856-354-9444 or contact us online to speak with a South Jersey medical malpractice lawyer.