Many medical treatments carry some degree of risk. As such, doctors must fully advise patients of the potential side effects and adverse consequences of a treatment so that the patient can make an educated decision regarding whether to proceed. If a doctor fails to do so, they may be liable for the patient’s lack of informed consent. Recently, a New York court discussed the elements of a lack of informed consent claim in a matter in which the plaintiff asserted he suffered harm following orthopedic injections. If you were hurt due to the negligence of a radiologist, you might be able to recover compensation, and it is advisable to confer with a Syracuse medical malpractice attorney to determine what evidence you have to submit to establish fault.
The Plaintiff’s Harm
It is reported that the plaintiff treated with the defendant podiatrist and defendant radiologist for pain caused by bone spurs. Per the defendant podiatrist’s referral, the defendant radiologist administered guided steroid injections into the back of the plaintiff’s feet. As a result of the injections, the plaintiff suffered torn Achilles tendons in both feet. He subsequently filed a lawsuit against the defendants asserting claims of medical malpractice and lack of informed consent. The defendant later filed motions for summary judgment. The trial court denied their motions, and they appealed.
Elements of a Lack of Informed Consent Claim
The appellate court affirmed the trial court ruling. In New York, a plaintiff alleging medical malpractice due to a lack of informed consent has to prove that the defendant failed to inform the plaintiff of the reasonably foreseeable risks of the treatment and any alternative treatments and that a reasonable practitioner would have. The plaintiff must also prove that a person of reasonable prudence that is in the same position as the plaintiff would not have undergone the treatment had they been so informed and that the lack of informed consent proximately caused the plaintiff to suffer actual harm.
In the subject case, the appellate court noted that while the defendants testified that they properly informed the plaintiff of the risks associated with the treatment and any alternatives, the plaintiff testified that they did not. As such, the appellate court agreed with the trial court’s determination that the defendants failed to establish, prima facie, that no triable issues of fact existed with regards to the informed consent claim and they were entitled to judgment as a matter of law. Thus, it affirmed the trial court ruling.
Discuss Your Case with an Experienced Syracuse Medical Malpractice Lawyer
Radiologists generally aim to alleviate a patient’s symptoms, but when doctors fail to properly inform their patients of the potential side effects of treatment, they may harm rather than help them. If you sustained losses following orthopedic care, you might be able to pursue a claim for radiology malpractice, and you should discuss your case with a lawyer. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your injuries and advise you of your potential claims. We can be contacted through our online form or by calling us at 833-200-2000 to set up a conference.