By our nature, we place our trust in the hands of a doctor when we seek them out for treatment. While they will advise us as to the best course of treatment, ultimately it is up to us to determine and have the final say in our own care.
To do this, it is essential to have all the information we need from our medical providers and to make sure we understand it so that we can direct our doctors to follow through on that care. Ideally, this is how the system should work, and most of the time it does. However, at other times, doctors may miss some information and not give us everything we need to guide us in making decisions. When that happens, a lack of informed consent takes place and it could lead to a charge of gross negligence in a medical malpractice case.
The state of California has laws on the books that protect the right of a patient to receive information about their medical condition, what courses of treatment are available and what the risks are that are associated with those courses of action. It must be given to a patient in plain language they can understand and with enough details that a patient can make an informed choice as to the course of treatment they want to pursue.
When this doesn’t happen, a doctor can be accused of gross negligence, which means that their conduct was so reckless that it is obvious to a person even without any medical training.
Legal action can be taken and you have a good chance of winning a case if you can show that the medical professional failed to disclose the risks or the outcome of a treatment or procedure; that you would have chosen a different course of action if you had been made aware of this treatment or procedure; and that you suffered harm or injuries as a result of the treatment.
If you have been the victim of a lack of informed consent and you have suffered injuries or damages as a result, contact Robert Treister to discuss your options.
The Law Office of Robert B. Treister serves clients in Cerritos, Bellflower, Norwalk, Lakewood, Long Beach, La Palma and surrounding Southern California cities.
Law Office Of Robert B Treister 16400 Greenlake Lane, Cerritos, CA 90703 (562) 852-7038