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) 742-2021 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) 742-2021 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) 742-2021 today or fill out our online form to schedule your free consultation.