Call Us Now: 773.881.9000

Chicago and Homewood

Personal Injury Law Firm

REQUEST A FREE CONSULTATION

10258 S. Western Ave.
Suite 210

Chicago, IL 60643

REQUEST A FREE CONSULTATION
Bizzieri-Law-Chicago-Logo
  • HOME
  • ABOUT
  • PRACTICE AREAS
    • PERSONAL INJURY
      • CONSTRUCTION NEGLIGENCE
      • NURSING HOME NEGLIGENCE
      • MOTOR VEHICLE ACCIDENTS
      • TRUCK ACCIDENTS
      • BUS ACCIDENTS
      • TRAIN ACCIDENTS
    • PREMISES LIABILITY
      • DOG BITES
    • MEDICAL MALPRACTICE
      • FAILURE TO DIAGNOSE CANCER
    • DENTAL MALPRACTICE
    • WORKERS COMPENSATION
    • EMPLOYMENT LAW
    • LEGAL MALPRACTICE
  • RECENT VERDICTS/SETTLEMENTS
  • BLOG
  • CONTACT

Know the Role of Informed Consent in Chicago’s Medical Malpractice Cases

by jamesbizzieri | Jun 4, 2025 | Medical Malpractice

Doctor-Informing-Patient

Informed consent is a fundamental principle in medical ethics and law. It requires healthcare providers to disclose all relevant information about a proposed treatment or procedure, including potential risks and benefits, to their patients. This allows patients to make informed decisions about their care, free from coercion or undue influence.

(Know Whom to Sue in a Medical Malpractice Claim)

What Constitutes Informed Consent?

Informed consent involves a thorough discussion between the healthcare provider and the patient about the proposed treatment or procedure. This discussion should cover the nature and purpose of the treatment, potential risks and benefits, alternative treatments, and the likelihood of success.

In Chicago’s medical malpractice cases, informed consent plays a critical role in determining liability and compensation. When a healthcare provider fails to obtain informed consent, they may be liable for any injuries or harm caused to the patient.

Key Elements of Informed Consent

The following elements are crucial in informed consent:

  • Disclosure of all relevant information about the treatment or procedure
  • Patient’s capacity to make informed decisions
  • Voluntariness, or freedom from coercion or undue influence

Proving Lack of Informed Consent

To establish a claim of lack of informed consent, a patient must demonstrate that a reasonable person would have refused the treatment or procedure if they had known about the risks and benefits. Evidence that may support this claim includes medical records and testimony from the patient and healthcare provider. Some examples of evidence that may be used to support a claim of lack of informed consent include medical records that do not contain a thorough discussion of the risks and benefits, testimony from the patient and healthcare provider, and expert testimony from other healthcare providers.

Some common issues that may lead to lack of informed consent claims are failure to disclose known risks, failure to discuss alternative treatments, and coercing patients into consenting to treatments.

Seeking Compensation

If a healthcare provider fails to obtain informed consent, they may be liable for any injuries or harm caused to the patient. Patients may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional distress.

In conclusion, informed consent is essential in medical malpractice cases. Patients have the right to make informed decisions about their care, and healthcare providers have a duty to disclose all relevant information. If you believe you have been a victim of medical malpractice due to lack of informed consent, seek the advice of an experienced Chicago personal injury lawyer.

If you’re looking for an experienced Chicago personal injury lawyer to help navigate your claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.

QUICKLINKS

Motor Vehicle Accidents
Trucking Accidents
Dog Bites
Premises Liability
Medical Malpractice
Dental Malpractice
Legal Malpractice
Employment Law
Workers’ Compensation

PERSONAL INJURY F.A.Q.s

Dog Bite F.A.Q.
Trucking Accident F.A.Q.
Elder Abuse F.A.Q.
Accidents Involving Recalled Vehicles F.A.Q.
Medical Malpractice F.A.Q.
Defective Products F.A.Q.

Auto Accidents with Shared Responsibility F.A.Q.
Workers Compensation F.A.Q. 

LOCATION

Bizzieri Law Offices

10258 S. Western Ave.
Suite 210

Chicago, IL 60643

Bizzieri Law Google Business Profile

View Sitemap

DISCLAIMER:

The information contained in this website is provided for informational purposes only and should not be construed as legal advice on any subject matter. No recipient of content from this site, client, or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state.
The content of this website contains general information and may not reflect current legal developments, verdicts, or settlements. Bizzieri Law expressly disclaims all liability in respect to actions taken or not taken based solely on any or all the contents of this website.
The transmission of the website, in part or in whole, and/or communication with Bizzieri Law via Internet e-mail through this site does not constitute or create an attorney-client relationship between Bizzieri Law and any recipients.
The jurisdiction for any claims arising out of or related to the content of this website shall be governed by the laws of the State of Illinois.

Copyright 2025 Bizzieri Law Offices | All Rights Reserved | Disclaimer | Designed by Proctor Digital, Inc.