Defending the Informed Consent Claim: A Practical Guide for Medical Malpractice Defense Counsel

In a recent article published by the Daily Report, Erin Lyon and Katy Beth Crowe offered a practical guide to defending lack-of-informed-consent claims in medical malpractice cases. Lyon and Crowe explained that these claims are frequently asserted alongside negligence allegations because they provide plaintiffs with a separate path to liability, even where the procedure itself met the applicable standard of care.

The article emphasized that informed consent is not simply a signed form, but a meaningful and individualized conversation between provider and patient regarding risks, benefits and alternatives. It also outlined how jurisdictions apply either a professional or patient-based disclosure standard, shaping the evidentiary burden plaintiffs must meet.

“Because this claim often rides along in surgery cases, defense counsel must know how to evaluate and defend it from the moment a file is opened,” said Lyon and Crowe. “The plaintiff must prove not just that a risk was omitted, but that a reasonable person in the patient’s position would have declined the procedure had the risk been disclosed.”

Subscribers may read the full article here.

About Hall Booth Smith

Established in 1989, Hall Booth Smith, P.C. is a full-service law firm headquartered in Atlanta, Georgia. Experienced across a wide range of legal disciplines, HBS attorneys pride themselves on providing knowledgeable, proactive, client-specific counsel to individuals, domestic and international corporations, state and federal agencies, and nonprofit organizations. The firm’s promise: “Serving to Achieve Excellence.” To learn more, please visit: www.hallboothsmith.com or connect with us on LinkedIn.