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Refusal of Consent

Many people are uncomfortable with the complicated and sometimes dangerous procedures used in hospitals today. This is one reason why contractual evidence of a patient’s informed consent is legally required prior to the pursuit of a course of treatment except in case emergency and the lack of a legally authorized party who could give approval. When a patient refuses to consent to a medical procedure, having been adequately advised about various relevant concerns, medical professionals are legally obligated to honor their requests. Failure to do so may provide grounds for a medical malpractice lawsuit.

If you have been subjected to a surgical procedure or course of treatment that you had explicitly refused then it may be appropriate to seek financial compensation by filing a civil lawsuit. Contact the Pennsylvania medical malpractice attorneys of Lowenthal & Abrams, P.C., at 610-667-7511 to schedule a free consultation and discuss your legal rights and options.

Reasons for Refusing Consent

A person can only refuse to give consent if they are in the proper mental condition to do so. If not, this decision must be made by their designated family member or loved one. There are several reasons that a patient or an authorized representative may refuse consent, including:

  • Uncomfortable with side-effects
  • Not covered by insurance
  • Need a second opinion
  • Religious reasons
  • Skeptical of necessity

It is important for doctor’s to follow their patients’ desires. The injured or sick person has the final say in their health care. When a doctor decides to make that decision themselves, they are committing medical malpractice

Contact Us

To hold a medical professional accountable for their failure to heed your request, contact the experienced Pennsylvania medical malpractice lawyers of Lowenthal & Abrams, P.C., at 610-667-7511 for a free consultation.