Healthcare providers have a duty to ensure patients understand the conditions they’ve been diagnosed with, their options for care, and the risks associated with treatment. This responsibility is part of a doctor’s duty to provide appropriate and reasonable medical care. When physicians neglect this duty and withhold or miscommunicate vital information, they could be held liable for any injuries their failure to warn caused.
The Watertown medical malpractice attorneys at D’Amico & Pettinicchi, LLC, have been a trusted source of legal guidance and representation for over 100 combined years. If you received treatment and weren’t warned of the risks, you may be able to pursue damages from your healthcare provider. Contact our office to schedule a free consultation and discuss your options for filing a failure-to-warn medical malpractice claim.
Diagnosis and treatment are separate issues from informed consent in Connecticut, but each of these responsibilities is a duty that physicians owe to patients. The theory of informed consent that applies in Watertown failure-to-warn claims states that a physician must disclose all known material risks of any proposed procedure, which means any risk that a reasonable person would find significant in their decision to undergo or deny treatment. Additional elements of the state’s informed consent requirement include the following:
Doctors who fail to satisfy these requirements could be found liable for injury the patient suffers as a result of their negligence.
You must be able to prove that you weren’t warned in advance of the risks or consequences of a procedure or that you weren’t informed of alternatives. Specifically, Connecticut requires that injured patients prove both of the following:
Finding proximate cause in these cases involves establishing that a reasonably prudent person would have decided not to undergo the procedure had they known of the risks.
It’s important to note that informed consent is not always required in Connecticut. If an emergency situation makes obtaining informed consent impractical, or it could risk the patient’s life or safety, physicians can perform the procedure without it. Other scenarios in which informed consent may not be required include when the patient has signed a waiver or the risks are already known to the patient.
Navigating medical malpractice claims in Watertown and other cities in Connecticut requires an attorney with specific experience handling cases similar to yours. While every case is unique and requires personalized strategies, working with a lawyer well-versed in failure-to-warn cases makes a significant difference.
Contact D’Amico & Pettinicchi, LLC, to schedule a free consultation with one of our medical malpractice attorneys. Our team has over 100 years of combined experience to help you recover the justice and fair compensation you need and deserve. Our goal is to see you on the road to physical, emotional, and financial recovery as seamlessly as possible. Contact us today to arrange your free in-person or virtual consultation.
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