Rochester Medical Malpractice and Personal Injury Lawyer Blog
In the medical setting, treatment providers are required to advise patients of the risks and benefits of a treatment before offering it; if they fail to do so, they may be subject to a lack of informed consent claim. There are exceptions to the general rule, however, as discussed in a recent New York ruling. If you suffered losses due to a doctor’s failure to obtain your informed consent, you may be owed damages, and you should talk to a Rochester medical malpractice attorney as soon as possible.
Case Background
It is reported that the decedent’s estate filed a medical malpractice lawsuit arising from the defendants’ treatment of the decedent in December 2017. Specifically, the decedent was treated by the defendant primary care physician at the defendant medical facility after experiencing severe health complications. He followed up with the defendant primary care physician after he was discharged from the facility and was later transferred to a second hospital, where he ultimately succumbed to his illness.
Allegedly, the plaintiff filed a lawsuit, alleging that the defendants, including doctors, medical personnel, and related entities, failed to abide by the applicable standard of care, leading to the decedent’s death. The complaint set forth claims of negligence, wrongful death, and lack of informed consent. The defendants filed motions for summary judgment, seeking to dismiss the claims against them.
Establishing a Claim for Lack of Informed Consent
The court addressed, in part, the defendant primary care physician’s motion for summary judgment on the issues of medical malpractice and informed consent. The court explained that, in a medical malpractice case, the elements required are a deviation from accepted community standards of practice and that this deviation was the proximate cause of the plaintiff’s injuries.
As such, to succeed in a motion for summary judgment, a defendant must demonstrate either that there was no deviation from accepted medical practice or that any such deviation did not cause the plaintiff’s injuries. The defendant must specifically address and refute each allegation of malpractice detailed in the plaintiff’s bill of particulars. If the defendant meets this burden, the plaintiff must then show that there is a triable issue of fact regarding these elements.
In this case, the court found that the defendant primary care physician did not meet his prima facie burden for summary judgment, as his expert’s affirmation lacked detail and was partially contradicted by the record, and there were unresolved issues about the defendant primary care physician’s treatment of the decedent.
The court granted summary judgment in favor of the defendant primary care physician on the plaintiff’s claim of lack of informed consent; however, as this claim did not apply to the circumstances of the case.
Specifically, informed consent claims are limited to matters dealing with non-emergent procedures, surgery, treatment, or diagnostic procedures that involve disruption or invasion of a person’s bodily integrity. In the subject case, the plaintiff did not assert that the defendant primary care physician performed any procedure or affirmative physical violation, and Plaintiff did not raise any issues of fact in opposition related to the alleged lack of informed consent. Therefore, the court granted summary judgment in favor of the defendant as to the informed consent claim.
Meet with a Trusted Rochester Medical Malpractice Lawyer
If you were hurt by a doctor’s carelessness, you may be able to pursue claims against them. And it is smart to meet with an attorney. The trusted Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess your case and help you take the steps necessary to protect your interests. You can contact us by calling 833-200-2000 or by filling out our online form to schedule a meeting.
