When Does a Failure to Warn Become Medical Malpractice?
A poor outcome does not automatically mean a healthcare provider violated your right to informed consent. An informed consent claim focuses primarily on what a healthcare provider disclosed to you before your procedure, which is separate from whether they performed the procedure competently. To prove that medical negligence involving a lack of informed consent in a Connecticut medical procedure, the evidence must support that:
- The provider failed to disclose a known material risk and feasible alternatives.
- A reasonably prudent person in your position would have declined the procedure if properly informed.
- The failure to disclose important information was a cause of your injury.
For example, a claim might arise if a patient undergoes a hysterectomy for uterine fibroids, loses the ability to carry a pregnancy, and later learns that the doctor failed to explain a feasible alternative that could have preserved her fertility. A reasonably prudent patient in the same position may have declined the hysterectomy if properly informed that there were risks to future pregnancies.
What Are Doctors Supposed to Tell You Before a Medical Procedure?
Before you agree to a procedure at a hospital or in a doctor’s office, Connecticut’s informed consent law requires your provider to explain:
- What the procedure involves
- The procedure’s expected benefits and any significant risks
- If there are any feasible alternatives
This conversation should give you a meaningful opportunity to ask questions and decide whether the proposed treatment is right for you. If you first learn about a known material risk after something goes wrong, you may have a medical malpractice case involving a hospital error for failing to provide informed consent.
What to Do if You Believe Your Informed Consent Was Violated in Connecticut
Learning that you suffered harm after your provider failed to disclose important information can leave you feeling betrayed and uncertain of where to turn for help. Consider taking these steps to protect your health and potential legal rights:
- Second opinion: Seek a second medical opinion about the complication and any additional treatment you may need.
- Documentation: Request copies of all medical records related to your treatment with the provider and any follow-up care you received.
- Record: Document how the outcome has affected your life, including symptoms, medical expenses, and missed work.
- Don’t settle: Avoid signing documents from the hospital or insurance company before speaking with an attorney.
- Speak with an attorney: Contact our Connecticut medical malpractice lawyers at Kennedy Johnson for guidance on what to do next.
How Long Do You Have to File a Lawsuit for an Informed Consent Violation?
Connecticut’s statute of limitations for informed consent cases is two years. That typically means you have two years from the date you discovered the injury to file a medical malpractice lawsuit. Although many medical malpractice lawsuits require a certificate of merit, state courts have held that these requirements do not apply to an informed consent claim in Connecticut.
If you miss your case’s filing deadline, you may lose your right to recover compensation for your losses. The sooner you reach out to our attorneys for help, the better positioned we’ll be to build a strong case before time runs out.
Contact Us if You Suspect an Informed Consent Violation in a Connecticut Medical Procedure
You deserved the opportunity to understand the risks and alternatives before agreeing to a medical procedure. If your healthcare provider’s failure to obtain informed consent caused you preventable harm, you have an ally in Kennedy Johnson.
Our attorneys have been fighting for victims of medical negligence throughout Connecticut since 1988. In that time, we’ve recovered significant settlements and verdicts and earned many positive client testimonials from people affected by a medical professional’s errors.
We’re ready to evaluate your situation and identify whether you have a viable claim. If you choose us to represent you, we’ll be prepared to pursue the full amount of damages you’re entitled to under the law, with no legal fees unless we recover compensation for you. Contact us online or call 203-865-8430 for a free, no-obligation consultation with a member of our team.