Chicago Medical Malpractice Lawyers

Lack of Informed Consent

Under the law, patients not only have the right to accept or refuse a medical procedure, but also to be provided sufficient information about the procedure to make their decision in an educated, meaningful manner. This is known as a right to “informed consent,” a concept which has been supported by the courts for decades. In 1914, then-Chief Justice Benjamin Cordozo had this to say on the topic: “Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient's consent commits an assault for which he is liable in damages.”

Over the years, a patient’s right to say ‘yes’ or ‘no’ to a procedure has been expanded; doctors and hospitals are now required to provide patients with enough information about a procedure (such as existing conditions, possible risks, possible side effects, and viable alternatives) to allow the patient to understand the decision they are making. Failure to do so could expose the doctor or hospital to malpractice litigation.

In order to bring a lack of informed consent malpractice suit, a plaintiff must prove two main things. First, they must show that they were either:

• a) not given a chance to consent to or refuse a procedure, either verbally or in writing, depending on the applicable laws, or
• b) not given enough information to make an educated choice. (Emergency situations are considered an exception to the informed consent rule).

Secondly, the plaintiff must draw a direct causal link between the lack of consent and their resultant injuries. This is done by demonstrating two things:

• a) that, had the plaintiff been properly informed, he or she would NOT have consented to the procedure, and
• b) that any injuries were the direct result of the procedure which was performed, and would not have occurred otherwise.

The Chicago medical malpractice lawyers of Friedman & Bonebrake, P.C., strongly believe that doctors and other medical professionals ought to be accountable to their patients. If you or someone you love has been hurt by a medical procedure performed without informed consent, call 312-466-8200 today.