Medical Malpractice

Lack of Informed Consent

Every time a patient requires surgery or other form of medical treatment, formal consent must be given to allow the healthcare professional to proceed. Physicians are legally and ethically required to involve their patient fully in decisions regarding their treatment, which includes providing an explanation of the procedure, alternative courses of treatment, and the extent of the risks involved. A physician’s failure to obtain informed consent could lead to a claim for medical malpractice.

It is a widely held misconception that a signature on a pre-printed consent form constitutes informed consent. While an important part of the process, it does not absolve the physician of taking the time ensure that a patient is an active participant in the decision-making process. A signed consent form, therefore, does not necessarily equate to informed consent and may be considered lack of informed consent. In addition, when consent is obtained while a patient is obtunded by their medical condition or medications such as sedatives and narcotics, it may not meet the requirements of a truly informed consent.

To avoid a claim of lack of informed consent, a physician must:

  • Explain clearly the nature of any surgery or procedure
  • Identify and explain any reasonable alternatives to the procedure including alternatives that require a referral to another physician
  • Explain the potential risks and benefits involved
  • Ensure that the patient understands all of the above

Only once all these conditions have been satisfied can a patient be deemed to have given their informed consent.

If you or someone you love has been the victim of medical negligence, please contact us today to schedule your free initial consultation. We’ll review your medical malpractice claim with you and help you determine how to best proceed.


Disclaimer – The contents of the BurgSimpson.com website, including text, graphics, images, and other material contained herein (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the BurgSimpson.com website!

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by BurgSimpson.com or Burg Simpson employees is solely at your own risk.

 February 26, 2020

The Denver Fire Fighters Charitable Foundation Awards

Burg Simpson Shareholder Nick Fogel Presents the Denver Fire Fighters Charitable Foundation Awards The Denver Fire Fighters Charitable Foundation, in partnership with the Denver Fire Department Foundation and Burg Simpson shareholder Nick Fogel, was pleased to present the annual Denver Fire Scholarship awards on Saturday, February 22nd. These organizations awarded two $1,500 scholarships to two qualifying high school… Read more »

trophies

 February 13, 2020

Burg Simpson E-News: February 2020

Join Our Email List Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation FEBRUARY 2020 E-NEWS GOOD LAWYERS 5280 Magazine Recognizes Denver’s Top Lawyers for 2020 Burg Simpson Eldredge Hersh & Jardine is pleased to announce that Michael S. Burg , Peter W…. Read more »

 February 13, 2020

National Trial Lawyers Announces Top Lawyers for 2020!

National Trial Lawyers Announces the Top Lawyers for 2020! Burg Simpson is pleased to announce that the National Trial Lawyers Association has selected the Top 100 Attorneys and the Top 40 Under 40 Attorneys for 2020! The National Trial Lawyers Association is an invitation-only organization composed of the premier trial lawyers from each state or region… Read more »

 February 12, 2020

Mediation vs. Arbitration: Resolving Your Commercial Dispute

Mediation vs. Arbitration: Resolving Your Commercial Dispute Most commercial contracts have a provision stating that the parties will mediate disputes before taking the issue to arbitration or trial.  For those seeking to resolve a commercial dispute, it is important to know that litigation is typically expensive, time-consuming, public, and unpredictable. A trial’s outcome is always uncertain… Read more »

david-hersh-case-settlement

 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.

bike-crash-safety

 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 Top 25 Most Influential Lawyers