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Failure to Obtain Informed Consent

Seeking Compensation for Unauthorized Medical Procedures

Have you been harmed by a medical procedure where the potential consequences were never adequately explained to you? Have you harmed by a medical procedure that you never consented to, that went beyond the scope of your consent, or was done in a manner that was different to which you agreed to or that you consented to without being fully informed about the possible consequences? If so, your doctor and or the hospital may be liable for medical malpractice and battery.

At Burch, Coulston & Buncher, L.L.P., our civil litigation division — led by experienced personal injury trial lawyer Sven Buncher — represents victims of doctors' failure to obtain informed consent in Orange County and throughout Southern California.

For a free 30 minute consultation to discuss your options after an unauthorized medical procedure, contact us today.

Understanding What Type of Consent Is Required

Informed consent issues most frequently come up during surgery. Whether surgery is elective or medically necessary, doctors are required to discuss with patients what they will be doing and what the results and side effects may be.

A medical procedure that is done on you without your informed consent may not only be considered medical malpractice, but battery which may entitle you to even more compensation for the harm you have suffered.

In addition to surgical situations, medical battery can also occur when a drug is injected into you or anything else is done to your body, if you were not accurately informed of the potential consequences and then asked for your consent.

Identifying How You Were Harmed

In order to pursue money damages for a medical procedure performed with a lack of informed consent, you will need to show that some harm was done to you as a result. Common types of harm include the following:

  • A painful side effect that would have deterred you from agreeing to the procedure
  • Loss of a bodily function, such as the ability to have children
  • Emotional trauma with a serious impact on your quality of life

Our attorneys are experienced at evaluating our clients' cases, identifying and documenting the harm caused by medical battery, and seeking maximum compensation. Contact us to discuss how we can help you hold your doctor and/or hospital accountable for failing to secure your informed consent.

Burch, Coulston & Buncher, L.L.P.

8001 Irvine Center Drive, Suite 1060, Irvine, CA 92618-2968
Phone: 949-202-5728 -- Toll Free: 866-909-6059 -- Fax: 949-502-4405 -- Map and Directions