{"id":353166,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/gross-negligence-and-lack-of-informed-consent.html"},"modified":"2023-12-06T11:31:04","modified_gmt":"2023-12-06T16:31:04","slug":"gross-negligence-and-lack-of-informed-consent","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/gross-negligence-and-lack-of-informed-consent.html","title":{"rendered":"Gross Negligence and Lack of Informed Consent"},"content":{"rendered":"\n
\n

Gross Negligence and Lack of Informed Consent<\/h1>\n\n
\n
\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Gross negligence is a severe disregard for the legal duty of care. In a medical malpractice case, a doctor may have been extremely careless when failing to properly inform and treat a patient. An injured patient or their family may file a gross medical negligence lawsuit.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

We trust medical providers to choose the best course of treatment. However, patients have the final say in their care and treatment.<\/p>\n

Doctors should provide patients with information about a medical procedure. Patients need to know the potential risks and alternative treatments available before agreeing to a healthcare provider’s course of treatment. Medical care information should also be easy for patients to comprehend.<\/p>\n

What happens when a doctor does not give a patient all the relevant information about a surgical procedure? What happens when a patient does not consent to a treatment?<\/p>\n

This article is an overview of informed consent and gross negligence in medical malpractice cases. You can discuss whether you may have a valid legal claim with a medical malpractice lawyer<\/a>.\u00a0<\/p>\n

Informed Consent<\/h2>\n

Every state has laws to protect patient rights. States protect patient rights to receive information about:<\/p>\n