San Antonio Lack of Informed Consent Lawyer

Harmed Due to Lack of Informed Consent in San Antonio, TX?

When undergoing any type of medical procedure, patients have the right to be fully informed about the risks, benefits, and alternatives of that procedure. This process is known as "informed consent." Unfortunately, many patients in San Antonio and across Texas experience harm because they are not properly informed, leading to serious health complications and emotional distress. If you or a loved one has been affected by a lack of informed consent, Maloney Law Group, P.L.L.C. can help you understand your rights and hold negligent medical professionals accountable. Our skilled lawyers are here to provide you with the support and legal expertise you need to seek justice and compensation for the harm you've suffered.

Contact us today at (210) 361-2997 to schedule a free case review with our experienced team.

What is Lack of Informed Consent?

Informed consent is a crucial element of medical care. It is the process by which a healthcare provider educates a patient about the potential risks, benefits, and alternatives associated with a medical procedure or treatment. Informed consent allows patients to make knowledgeable decisions about their healthcare based on a full understanding of the possible outcomes. Without this consent, patients may be subjected to procedures they would have otherwise declined or chosen alternative treatments if fully informed.

A lack of informed consent occurs when a healthcare provider either fails to adequately inform the patient or proceeds with a medical procedure without the patient's explicit consent. This failure can lead to harmful consequences for the patient, including unexpected complications, worsened health conditions, or even permanent injury.

To establish a lack of informed consent, the following elements must typically be proven:

1. The healthcare provider had a duty to inform the patient of the risks and alternatives of the procedure.
2. The provider failed to disclose this information adequately.
3. The patient would have made a different decision if fully informed.
4. The patient suffered harm as a result of the procedure.

Common Examples of Lack of Informed Consent

There are many different situations where a lack of informed consent can occur. Here are some of the most common examples we see in San Antonio:

• Surgical Procedures: Surgeries, no matter how routine, come with risks. If a surgeon fails to inform you of the possible risks or fails to disclose alternative treatment options, and you experience complications, this may be a case of lack of informed consent. For example, if you were not informed of the risk of infection or nerve damage and later suffered these complications, you could have a claim.
• Medications and Drug Therapy: Prescription medications often have side effects that could seriously impact a patient’s health. If a doctor prescribes a medication without explaining the potential side effects or interactions with other drugs and the patient suffers harm, the lack of disclosure may be grounds for a claim.
• Experimental Treatments: For clinical trials or experimental treatments, informed consent is critical. Doctors must disclose that the treatment is experimental, explain the associated risks, and obtain explicit consent from the patient. Failure to do so could result in significant harm, leaving the provider liable for lack of informed consent.
• Alternative Treatments: In many cases, there may be more than one treatment option available. If a doctor fails to inform the patient about alternative treatments, including less invasive or non-surgical options, and the patient suffers harm from the chosen procedure, this can be grounds for a claim.
• Failure to Obtain Consent for a Different Procedure: In some cases, a surgeon or medical provider may perform a different procedure than the one the patient originally consented to without obtaining proper consent. This is especially problematic if the new procedure carries additional risks or results in serious complications for the patient.

Who is Liable?

In cases involving lack of informed consent, determining who is responsible is a critical part of the legal process. Liability typically falls on the healthcare provider who performed the procedure or treatment without obtaining proper consent. This could include:

• Doctors or Surgeons: Medical professionals who perform the procedure without adequately informing the patient.
• Nurses or Medical Staff: In some cases, nurses or other medical staff may be responsible for obtaining consent, especially in emergency or surgical situations.
• Hospitals or Medical Facilities: If the hospital's consent process was flawed or if hospital policies contributed to the lack of informed consent, the facility itself could be held liable.

In many cases, more than one party may be at fault. Our attorneys will carefully investigate your case to identify all liable parties and pursue compensation on your behalf.

How Maloney Law Group, P.L.L.C. Can Help You

At Maloney Law Group, P.L.L.C., we know how devastating the consequences of inadequate medical care can be. A lack of informed consent can result in life-altering injuries, financial burdens from unexpected medical bills, and emotional trauma for both the patient and their loved ones. Our legal team is dedicated to providing you with personalized attention and aggressive representation to ensure that your rights are protected.

When you work with our firm, you can expect:

• A Thorough Investigation: We will review all medical records, consult with experts, and gather evidence to build a strong case.
• Skilled Negotiation: Our attorneys are experienced in negotiating with insurance companies and defense attorneys to secure fair compensation for our clients.
• Trial-Ready Representation: If a fair settlement cannot be reached, we are fully prepared to take your case to court to pursue justice.
• Compassionate Support: We understand the emotional toll that medical malpractice cases can take on victims and their families, and we are here to support you every step of the way.

To discuss your case with our attorneys, call (210) 361-2997 or contact us online today!