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Lack Of Informed Consent

patient in a hospital

Medical Malpractice Lawyers In Las Vegas, NV

Most patients recognize that medical procedures carry some risk and trust their doctors to perform their operations safely and avoid negligent surgical errors. Furthermore, before agreeing to go under the knife, patients trust that the medical professionals responsible for their safety will sufficiently inform and advise them of the health risks associated with specific procedures. If a medical operation carries significant health risks, patients have the right to know those risks, and doctors should present them the opportunity to opt out if desired.

Failure to obtain a patient’s informed consent can lead to patients coming out of an operation with injuries they never knew were a risk. Sudden, unanticipated injuries following a procedure can be devastating for patients, often resulting in unexpected expenses, acute pain, and emotional distress.

If you or a loved one has been injured in an operation where a medical professional failed to disclose procedure-specific risks, you may be entitled to financial compensation for incurred damages. Contact our Las Vegas law firm, Pursiano Barry Bruce Demetriades Simon LLP, today to request a free case consultation with an experienced medical malpractice attorney in Nevada!

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Nevada Laws On Informed Consent

Physicians have a legal and ethical obligation to communicate information to their patients about treatments and procedures so patients can make informed decisions about whether or not they’re willing to undergo said treatment/procedure. The process of providing information and seeking permission before performing care on a patient is what’s referred to as obtaining “informed consent.” In Nevada, healthcare institutions must adhere to federal and state informed consent laws. A medical professional’s failure to obtain informed consent could make them liable for harm suffered by their patients and can be grounds for a medical malpractice case.

When Informed Consent Is Not Required

As long as patients are competent and aware enough to express their preferences for medical care, obtaining informed consent should be a healthcare provider’s priority. However, there are some situations wherein medical professionals are not required to obtain informed consent. For example, there may not be enough time for a physician to express the risks associated with a life-saving procedure in a medical emergency. Additionally, doctors may operate without seeking informed consent when a patient is incapacitated, and a procedure is necessary to save their lives. In these circumstances, patients can’t sue for lack of informed consent, even if they would not have allowed the operation otherwise.

Compensation In Lack Of Informed Consent Cases

Patients injured in an operation wherein a medical professional failed to obtain informed consent have a right to seek financial compensation for their damages. Some of the most common compensable damages victims may seek include the following.

  • Medical Expenses
  • Loss Of Present & Future Wages
  • Disfigurement
  • Pain & Suffering
informed consent medical malpractice

How A Medical Malpractice Lawyer Can Help

Medical malpractice is a highly regulated and complicated area of law, and it can be tricky to prove claims that a medical professional failed to obtain informed consent. Fortunately, our medical malpractice attorneys have a deep understanding of Nevada’s medical malpractice laws and can help review medical reports and collect relevant evidence to strengthen your claim. An attorney with our Nevada law firm can help you file your claim in a timely fashion, prove the negligent party failed to sufficiently inform you of risks, and pursue maximum compensation for your damages. Contact Pursiano Barry Bruce Demetriades Simon LLP today to schedule a free case consultation!

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