Medical Malpractice Attorney
Compensation for Failure to Obtain Informed Consent Before Medical Treatment
Obtaining a patient’s informed consent before medical treatment is one of a physician’s most fundamental duties under Israeli law. The doctor must provide all information necessary for the patient to make a knowledgeable decision about whether to proceed with the proposed treatment. When a physician fails to fulfill this obligation, the patient may be entitled to significant monetary compensation — even if the treatment itself was performed competently.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Is Informed Consent?
Before any medical procedure, the treating physician must provide the patient with all relevant information regarding the proposed treatment, including its nature, purpose, potential risks, possible side effects, alternative treatment options, and the consequences of declining treatment. Based on this information, the patient can make an autonomous and informed decision about whether to proceed. Informed consent is not merely a signature on a form — it is an ongoing dialogue between doctor and patient that must be meaningful and substantive.
Informed Consent and Medical Malpractice Claims
Failure to obtain informed consent can constitute medical malpractice, entitling the patient to monetary compensation depending on the circumstances of the case. If a patient suffers harm from a medical procedure and can demonstrate that the physician did not adequately disclose the associated risks, a medical malpractice claim may be pursued. The key question is whether the patient would have chosen a different course of action had the relevant information been properly disclosed.
Violation of Patient Autonomy
A patient’s entitlement to compensation for lack of informed consent may be grounded in the violation of patient autonomy — a recognized legal principle in Israeli medical law. Even in cases where no physical harm resulted from the treatment, the patient may be awarded compensation solely for the infringement of his or her right to make an informed decision. Israeli courts have increasingly recognized that the right to bodily autonomy and self-determination is an independent legal interest deserving of protection and compensation when violated.
Why Legal Representation Is Essential
Did you undergo medical treatment without receiving essential information about the procedure, its risks, or available alternatives? You may be entitled to monetary compensation. An experienced medical malpractice attorney can evaluate your case, determine whether your informed consent rights were violated, and pursue the maximum compensation available under the law.
The Tort Department at Mor & Co. Law Firm provides professional and personalized legal representation across a wide range of tort matters, including medical malpractice, informed consent claims, personal injury, car accidents, workplace injuries, and insurance disputes. Our attorneys bring deep expertise and a commitment to protecting our clients’ rights at every stage of the legal process.