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Lack of Informed Consent FAQs


Is informed consent always necessary?

In most situations, medical professionals are required to obtain a patient’s informed consent before they can begin a procedure or course of treatment. However, there are very specific exceptions to this rule, including emergency situations in which a medical professional must act immediately to save a person’s life. There are a few other, rare circumstances, in which informed consent is not required, and an experienced attorney can help you understand whether or not your situation qualifies for a medical malpractice case on the grounds of lack of informed consent.

If you or someone you know has been treated without informed consent, contact the experienced Milwaukee medical malpractice lawyers of Habush Habush & Rottier S.C. ® today by calling (414) 271-0900 to discuss your legal options.

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What qualifies as “informed consent”?

Generally speaking, for informed consent to be present, a patient or a person legally authorized to act on their behalf must be provided with complete and accurate information about a proposed procedure or course of treatment and consent to this proposal. They must also have time to research this proposed action, as well as any treatment alternatives. Depending on the specific course of treatment being proposed, there may be additional requirements that a medical professional is required to provide to a patient and/or their legal representative.

A failure to obtain informed consent from a patient can be grounds for a lawsuit. If you believe that your right to informed consent has been violated, an attorney can help you determine whether you are eligible to file a malpractice claim. Contact the experienced Milwaukee medical malpractice lawyers of Habush Habush & Rottier S.C. ® today by calling (414) 271-0900 to discuss the specifics of your situation.

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Do I really need to hire a lawyer for my case?

Medical malpractice is an extremely complicated branch of the law, with extremely specific applications and exceptions. This is why it’s important to consult with an experienced attorney about the details of your situation if you suspect that your right to informed consent may have been violated. An attorney with experience handling these types of cases will know exactly what information to look for, how to argue your case effectively, and how to counter the arguments the defense is likely to make. Without such assistance, your chances of securing the compensation you need could be decreased significantly.

If you believe that you did not give informed consent before a medical procedure or course of treatment, contact the experienced Milwaukee medical malpractice attorneys of Habush Habush & Rottier S.C. ® today at (414) 271-0900 to discuss your legal options.

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Share Your Story with Us

If you believe that your healthcare practitioner failed to obtain informed consent, please contact our experienced attorneys today for help. Call us at (414) 271-0900 to learn more about your legal options.

Learn more about lack of informed consent on our lack of informed consent practice area page.