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Is it negligence per se?
Anonymous2 views3 answers
Is public Health Law 2805(d) designed to protect patients? If clearly violated ,would it constitute a negligence per se? If yes,then can it be a good argument to proceed without an expert where clear evidence exists of unavoidable risks nondisclosure???Thanks.
Dear New York Patient:
The "lack" of your informed consent must be claimed as the proximate cause of the injury you suffered. The medical provider is allowed to rebut that claim.
http://codes.lp.findlaw.com/nycode/PBH/28/2805-d
You cannot prove that a doctor has failed to comply with the standard of care (included informed consent) without the testimony of another similarly situated professional. That is, a doctor. Sorry since I know I'm not telling you what you'd like to hear and perhaps a NY lawyer will step up and tell us I'm wrong but I really doubt it. Best wishes
