Informed consent is a process of communication and a signed agreement between a patient and physician (not a representative or proxy) that results in the patient's authorization to undergo a specific medical procedure or treatment. Without being fully informed of the risks and alternatives regarding a planned treatment, a patient cannot give an informed consent to proceed. This inadequate information may result in further injury and even wrongful death.

Adequate information from a physician regarding a procedure should include: the identification and qualifications of the physician or surgeon who will be performing the medical procedure, the patient's present medical condition (if known), the purpose of the proposed procedure and the risks involved, any alternatives to the procedure and the risks involved with the alternatives (including non-treatment if it is an option), the chances of the procedure's success, expected length of recovery time, the approximate cost of the procedure and whether it will likely be covered by the patient's health insurance

A patient must also be given the opportunity to ask the doctor questions and discuss their options with family.

Signing an informed consent form does not mean a doctor or hospital can't still be held accountable for malpractice. A doctor is still required to act within the required standard of care. It is also important to note that proving a physician or surgeon failed to obtain informed consent is not enough to win a medical malpractice lawsuit. A patient must prove that had they been informed properly, they wouldn't have consented to the medical treatment and that their medical outcome would have been different.

If you or a family member might be a victim of medical malpractice due to lack of informed consent, and you live in New Jersey or the Philadelphia metropolitan area, please contact attorneys Weiss & Paarz today.

Gastric bypass surgery has become a popular option for those who suffer from morbid obesity. Although the safety of the procedure continues to improve, the fatality rate is nearly twice that of other similarly complicated operations - affecting as many or more than 1 in 200 patients.

Abdominal surgery is risky. Risks include infections, heavy bleeding, inflammation of stomach's lining, rejection of material used for sutures, blockage of the intestines because of adhesion, and incisional hernia. Leaking of gastrointestinal juices from the surgical connections can lead to serious infection, abscess, peritonitis and death. 10-20% of patients who undergo gastric bypass surgery need follow-up surgery to correct such complications.

You or a loved one may have a valid gastric bypass malpractice claim if:

• The treatment facilities lacked appropriately-sized equipment for obese persons (diagnostic tools, instruments, CAT scanners, and operating tables)
• The physician was fatigued while performing the surgery, increasing the risk of complication.
• The physician failed to respond immediately to complaints of symptoms that indicated suture line leaks or other complications
• Excessive pain was endured shortly after the surgery
• Serious complications such as clotting, difficulty breathing, or kidney problems resulted from the surgery
• The doctor did not sufficiently monitor the post-operative recovery
• The physician failed to educate you or your loved one about post-surgery recovery so that in the event of complications the response could be swift and life saving

If you think you or a family member might be a victim of bariatric malpractice, and you live in New Jersey or the Philadelphia metropolitan area, please contact the experienced medical malpractice attorneys at Weiss & Paarz today.