Pennsylvania Medical Malpractice Frequently Asked Questions

What is "informed consent?"
Although the specific definition of informed consent varies state to state, it generally means that a physician must inform a patient of all the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent before proceeding.

If the consent form I signed prior to a procedure is valid, can I still recover malpractice damages?
Yes, you may still be eligible to recover malpractice damages; a consent form does not release from liability a physician who was negligent in performing a medical procedure. If you can establish that your physician deviated from the applicable standard of care in performing the procedure, and you were injured or suffered damages as a result, you may recover compensation. You may also have a claim that the procedure the physician performed went beyond your alloted consent, in which case the doctor may be held liable for medical battery.

Do I have a malpractice case against a doctor who prescribed a drug, without informing me it's experimental?
All physicians have a duty to inform their patients that any prescribed drugs are a part of an experimental program, and subsequently, all patients have the right to refuse to participate. Patients who have consumed experimental medication have grounds for a claim against the physician based upon their failure to obtain "informed consent" prior to treatment.