Legal Question in Medical Malpractice in New York

The requirement of 'informed consent' is that you be told of all significant risks of the procedure prior to your consent. As a basis for an informed consent claim, you would have to prove that you would not have consented to the procedure if you were informed of the risk. That is difficult to prove in most cases since people tend to accept small percentage risks. With all that being said, consent is not an excuse for negligence in the performance of the procedure. Even with adequate consent, malpractice can and does occur during procedures as a result of substandard care, etc. Those are separate theories of recovery in malpractice law. I hope this helps you understand. If you would like further assistance, please feel free to call.