Failure to Obtain Informed Consent

Tulsa Failure to Obtain Informed Consent Attorneys

Relentlessly Pursuing Justice for Those Harmed by Absence of Consent in the Hospital

When you enter a medical facility, you trust that healthcare providers will act with integrity and respect for your autonomy. A critical part of this respect involves obtaining your informed consent before performing any procedure or treatment. "Failure to obtain informed consent" occurs when a healthcare provider does not adequately inform you of the risks, benefits, and alternatives of a proposed treatment or procedure, depriving you of the opportunity to make an educated decision about your care.

At Brewster & De Angelis, our goal is to hold negligent medical professionals accountable and to secure compensation to help you recover. From proving negligence to navigating complex legal processes, we tirelessly work to bring justice for our clients. Whether you're seeking answers for yourself or fighting on behalf of a loved one, we are here to help.

Our Tulsa Violation of Informed Consent Lawyers Can Support You By:

  • Gathering Evidence. The foundation of a strong case is compelling evidence. We will investigate medical records, consent forms, hospital policies, and witness testimony to uncover where the medical provider failed in their duty of care.
  • Proving Negligence. Oklahoma law requires proof that a physician failed to disclose risks and that the patient would not have agreed to the treatment or procedure had they been properly informed. We focus on assembling the necessary documentation, expert opinions, and legal arguments to support your claim.
  • Advocating with Medical Teams. Hospitals and insurance companies have robust legal and financial resources to defend themselves. Our attorneys work diligently to negotiate on your behalf with these entities, ensuring your voice is heard.
  • Preparing for Trial. While many cases are resolved through settlements, we prepare every case for court. That preparation allows us to pivot quickly if your case requires resolution through litigation, leaving no room for surprises.

When you choose Brewster & De Angelis, you are choosing a compassionate team that will be with you every step of the way. We are deeply committed to upholding justice and guiding you with care throughout this legal process.

Have questions about informed consent violations? Call (918) 265-1214 or reach out online to schedule a free consultation. Our Tulsa attorneys are here to support you.

What Is a Breach of Informed Consent & Why Can We Pursue It as Medical Malpractice?

Oklahoma law recognizes the importance of informed consent, which is why failures to meet this standard may be considered medical malpractice. The case of Scott v. Bradford, decided by the Oklahoma Supreme Court in 1979, is a landmark decision that continues to define these claims today.

The court in Scott v. Bradford stated that three essential elements must be proven for a successful informed consent claim in Oklahoma:

  1. Failure to Disclose. The physician failed to inform the patient of material risks associated with a treatment or procedure. A "material risk" is one that could influence a patient's decision.
  2. Causation. The patient would have refused the treatment had they been properly informed of the risks and alternatives.
  3. Harm. The patient sustained an injury due to the treatment or risks that were not disclosed.

This decision also established that the information disclosed must prioritize patient autonomy. Physicians are not allowed to unilaterally decide what is “best” for the patient without providing all the necessary facts to allow the patient to make an informed decision. Under Oklahoma law, the scope of information must include known risks, reasonably foreseeable complications, and viable alternatives, including the potential consequences of not undergoing treatment.

Additionally, Oklahoma law emphasizes that written consent forms alone do not absolve healthcare providers of their duty to properly inform the patient. A signed form is insufficient if it doesn’t accompany a thorough explanation of the treatment and its associated risks.

How Failure to Obtain Informed Consent Harms Patients

A violation of informed consent doesn’t only harm patients legally; it can have devastating personal consequences. Here are a few ways it affects individuals and families:

  1. Loss of Personal Autonomy. When a healthcare provider withholds information or fails to obtain proper consent, they strip patients of their right to make decisions about their own medical care. This profound violation of trust leaves patients feeling powerless and disrespected.
  2. Unnecessary Medical Complications. Without a full understanding of risks, patients often consent to procedures they might otherwise decline. This can lead to avoidable injuries, life-altering complications, or adverse outcomes that patients were not prepared for.
  3. Physical Pain & Suffering. Patients may experience lasting physical harm, such as disfigurement or chronic medical issues that could have been avoided. These injuries often require additional surgeries or therapies to address the original harm.
  4. Emotional & Psychological Trauma. Beyond physical injuries, patients often carry psychological scars caused by betrayal or harm through inadequate disclosure. Many struggle with anxiety, depression, or difficulty trusting medical providers in the future.

Justice begins with a conversation. Schedule your free consultation by calling (918) 265-1214 or contacting us online about your Tulsa informed consent violation case.

Brewster & De Angelis: Your Advocate Against Informed Consent Violations

Many families in Tulsa have turned to our firm to advocate for justice in medical malpractice cases. When dealing with violations of informed consent, it’s important to have legal support you can trust. Here’s what sets us apart:

  • Decades of Experience. Established in 1983, our firm has been advocating for injured individuals for over 40 years. We have seen the complexities involved in medical malpractice cases and bring a depth of knowledge to each client interaction.
  • Recovery for Clients. We have proudly recovered more than $10 million for victims of medical malpractice. While every case is unique, this history reflects our dedication to obtaining meaningful outcomes for those we represent.
  • Bilingual Services. Our attorneys and staff include both English and Spanish speakers. We are honored to serve Tulsa’s diverse community, and we believe language should never be a barrier to accessing justice.
  • Contingency Fee Basis. Financial stress shouldn’t stop you from seeking justice. That’s why we handle informed consent cases on a contingency fee basis, meaning you pay no legal fees unless we secure compensation for you.
  • Trial-Prepared Representation. We prepare every case for trial from day one. This commitment signals to opposing parties that we do not shy away from the courtroom, empowering us to advocate effectively on your behalf.

Schedule Your Free Consultation with Tulsa Violation of Informed Consent Lawyers

If you or someone you care about has been injured due to a breach of informed consent, please contact Brewster & De Angelis. We offer a free consultation to discuss your case, answer your questions, and explore the next steps. Our team is committed to helping you find clarity and seeking fair compensation for the harm you or your loved one have endured.

Call (918) 265-1214 today or fill out our online form to schedule your free consultation.

Proven Results & Success

Hear From Our Past Clients
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    When we came to Brewster & DeAngelis, we had no idea what we wanted or what we were doing. We were broken and grieving and trying to make sense of a senseless situation, and Guy, Monty, Clark… the entire office, really, starting with the front desk… stepped in and took the burden off our shoulders. We didn’t have to worry about what we were doing or what we wanted anymore because they took the lead in a compassionate and efficient manner- they truly cared about helping our family and they didn’t ask us to carry any additional burdens- they took time to discover what we didn’t know we needed and they took care of business. They also made sure to address all of our needs outside of a “typical” legal experience by encouraging and facilitating our advocacy and educational awareness. We never wanted to need an attorney, but when we did, we were blessed to find amazing friends and supporters. We are so grateful to the team at Brewster & DeAngelis.
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    There are no words for how grateful I am to the entire Brewster & De Angelis team and how hard they worked to get justice for my son, Gavin, after 4 long years. I sat in the court room for seven days and saw how hard each and everyone worked and the fight they put in each time they got up. I saw how much they cared. I strongly believe if it was not for this team, I would not have gotten justice for Gavin in his medical negligence case. I will forever be thankful.
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    My family and I are so grateful for the countless hours and all the hard work that each attorney and staff member of Brewster & De Angelis devoted over several years in the pursuit of justice. Clark Brewster and Katie Arnold McDaniel took the time to discover what no other person - not my previous defense attorney, the district attorney, or the Court - took the time to find. The erroneous cancelation of my driver’s license was the product of a court clerk’s mistake. What an amazing team! I will forever be grateful to the zealous lawyering and selfless generosity of this extraordinary law firm.
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    The office staff is polite, competent, and caring. Mr. Brewster and Mr. Fortney were generous with their time, giving detailed and informative advice. Katie Arnold McDaniel is a star. She has counseled me through various case types. Her ability to quickly understand information relevant to a dispute, analyze the issues, and find the means to resolve them is amazing to watch. Katie is a fierce advocate, compassionate, and trustworthy. She timely communicates and will do what she says she will do. I highly recommend this law firm.
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    Mbilike with Brewster & De Angelis represented me as a defendant in a case in Claremore Oklahoma. we went through 2.5 years of discovery, depositions and on into trial. His work was excellent and stood up to everything that the opposing council threw at us. The judge was obviously impressed by his writings and responses as well. We won on every account, and did not even argue our case after the plaintiff rested, as we knew the judge had all the information needed from the plaintiffs argument. this was a long arduous suit by some really unethical people and Mbilike put it on without a hitch and received a big win. Mbilike is the most ethical and honest attorney around and his work ethics are top notch. Thank you Mbilike
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    Jennifer and her team have been invaluable in helping us navigate life following my father's injury. The negligence of medical "professionals" left our family broken and afraid. Without the assistance of this wonderful team, we would not have ever recovered. They advised us, listened to us, supported us, and fought for us when no one else would. We will be forever grateful to them for giving us a chance to live again, following the single worst day of our lives.
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What Sets Brewster & De Angelis Apart?

  • Available & Responsive
    The attorneys at Brewster & De Angelis are always available to provide you with updates and answer questions regarding your case. At the end of the day, we work for you and pride ourselves on being available regardless of the situation.
  • Focused On Your Best Interests
    When going through a legal matter, things can seem scary and uncontrollable. Our team works to refine the legal process in order to ensure you not only understand exactly what is going on, but also that your goals and interests are taken into account with every decision.
  • Collaborative Legal Strategies
    Unlike other law firms, we handle a small number of cases so that our team can focus on getting you results. When it is time to get ready for trial, you can be assured that our full team of litigators has convened to get you the best possible outcome.
  • Dedicated & Trusted Counsel
    At Brewster & De Angelis we have the top litigators in Tulsa, Oklahoma and we have been serving our community for over forty years, giving us the tools and knowledge to aggressively and effectively handle your case.
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