Informed Consent Claims in New York Medical Malpractice Cases: The Basics of a Claim

The relationship between physician and patient is a partnership when it is functioning properly.  This is a partnership in which trust is a foundational and indispensable component.  When a patient seeks medical care and treatment from a doctor, the patient is entitled to trust that the doctor is providing full disclosure, informing the patient of all of the pertinent risks and benefits to a particular course of treatment, as well as alternative courses of treatment – which may include no treatment at all – for a particular medical condition.  This way, the patient can make an informed decision along with his or her doctor, and give informed consent to a course of medical treatment that may have both positive and negative effects upon the health of the patient. However, in all too many circumstances, a doctor or other medical provider does not provide the full disclosure to which the patient is entitled, and the patient agrees to undergo a course of…

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