Understanding Informed Consent and Your Legal Rights
Medical treatment requires trust. Patients rely on doctors to recommend the right course of care, explain the risks, and involve them in key decisions. When a provider fails to do that, and the result is injury, the legal concept of informed consent becomes central to the case. In both Pennsylvania and New Jersey, healthcare professionals are legally required to obtain informed consent before performing procedures that carry known risks.
At The Sharma Law Office, we help clients across Philadelphia, the Lehigh Valley, and New Jersey understand whether their injury was the result of a medical error, a failure to disclose, or both. If you were harmed during a procedure you did not fully agree to or understand, you may have legal grounds to file a claim. Our team can determine whether informed consent was obtained correctly and help you hold negligent parties accountable.
What Is Informed Consent?
Informed consent is the process by which a healthcare provider educates a patient about a proposed treatment or procedure. This includes a discussion of:
- The diagnosis or condition being treated
- The nature and purpose of the recommended treatment
- The risks and potential complications
- Any reasonable alternatives
- The likely outcome if no treatment is given
Consent must be obtained voluntarily, without coercion or undue influence, and documented in writing when appropriate. More importantly, the patient must be mentally competent and fully understand what they are agreeing to. If these conditions are not met, the consent may not be valid.
Injuries that result from a lack of informed consent are legally actionable, even if the medical procedure was technically performed correctly. A medical malpractice lawyer can evaluate your situation and determine whether your rights were violated.
Examples of Informed Consent Violations
Not every poor medical outcome is grounds for a lawsuit. However, when patients suffer harm due to procedures they did not fully agree to, legal intervention may be warranted. Common scenarios include:
- A doctor performs a different procedure than what was discussed.
- Known risks were not disclosed, and the patient suffered that exact harm.
- A provider fails to mention less invasive alternatives.
- Consent was obtained while the patient was medicated or not fully alert.
- The patient did not speak or understand the language used in the consent process.
These cases often involve surgical errors, delayed diagnoses, or aggressive treatment plans the patient would have refused if fully informed. To learn more about how our firm approaches these situations, please visit our Practice Areas.
How the Law Views Consent in Pennsylvania and New Jersey
Both states require informed consent for non-emergency medical procedures. In Pennsylvania, the Medical Care Availability and Reduction of Error (MCARE) Act defines the procedures where written consent is mandatory. This includes surgeries, blood transfusions, and the use of experimental medications.
In New Jersey, courts have recognized a patient’s right to make informed decisions under the doctrine of self-determination. Physicians who fail to disclose relevant risks or alternatives may be held liable for violating that right, even if the procedure itself was performed skillfully.
If you were injured under circumstances where consent was unclear or rushed, a medical negligence lawyer can review your records and clarify your legal options. Our team helps patients understand whether the legal standard of disclosure was met.
Damages You May Be Entitled To
When informed consent is violated and injury results, patients may recover compensation for:
- Medical bills related to the injury
- Lost wages or future earning capacity
- Physical pain and emotional suffering
- Loss of enjoyment of life
- Ongoing care or rehabilitation needs
The Sharma Law Office works closely with medical experts and financial professionals to calculate the full scope of your damages. Visit our About Us page to learn more about our approach to complex injury cases.
When to Speak With a Lawyer
Delays in pursuing a claim can affect your rights. Both Pennsylvania and New Jersey impose time limits for filing medical malpractice lawsuits. The sooner you speak with an attorney, the easier it is to gather medical records, consult experts, and evaluate whether your injury was avoidable.
Our personal injury attorney team is experienced in cases involving surgery, anesthesia, delayed diagnosis, and unnecessary procedures. If you suspect you were not fully informed, we can help you determine whether a breach of legal duty occurred.
Legal Protection for Patients Starts With Clarity
Every patient has the right to understand what will be done to their body and why. Informed consent is not just a formality; it is a legal requirement and a safeguard against medical overreach. At The Sharma Law Office, we help clients hold healthcare providers accountable when decisions are made without proper disclosure or agreement. If you suffered harm in Pennsylvania or New Jersey due to a lack of adequate information, legal action may help you recover compensation and hold the provider accountable. Contact us today to schedule a case review and let our firm advocate for your rights.