In Pennsylvania, a person may bring a claim against a physician for the physician's failure to fully explain the material risks of a procedure. Lawyers who practice in this field are generally very reluctant to take cases based only on a failure of informed consent because it usually becomes a situation wherein the client testifying that the physician did not inform him or her of the risks, and the physician testifies that he or she did so inform the client/patient. Unfortunately, in the vast majority of cases, juries believe the doctor. However, based upon the nature and extent of your injuries, and what the records may reveal, I personally would consider such a case.
Answered on Jan 15th, 2014 at 3:41 PM