Case Study: The Importance of Informed Consent

Historical Archive: June 22, 2016

In the realm of medical malpractice, the concept of "informed consent" is a fundamental patient right. A physician must explain the risks, benefits, and alternatives of a proposed procedure so the patient can make an educated decision. When a doctor fails to do this, they can be held liable for the resulting damages, even if the surgery itself was performed technically well.

Case Background

In March 2012, an Englewood Cliffs resident underwent a procedure performed by Dr. Norberto Soto, a plastic surgeon. The plaintiff alleged that Dr. Soto performed eyelid surgery without obtaining her proper informed consent prior to the operation.

The core of the plaintiff's argument was that she was not fully apprised of the specific nature of the procedure or the potential risks involved, depriving her of the right to decide what happens to her own body.

The Jury's Verdict

After a five-day trial before New Jersey Superior Court Judge Rachelle L. Harz in Bergen County, the jury rendered a verdict in favor of the plaintiff. The jury found that Dr. Soto failed to obtain informed consent and awarded the plaintiff $1 million as compensation for her damages.

Thomas S. Howard, a founding partner of the former Howard Law LLP who served as counsel for the plaintiff, stated at the time: "We appreciate the jury's diligence and hard work in righting the wrong that was done to our client."

Legal Takeaways for Patients

This historical verdict underscores several critical points regarding medical malpractice in New Jersey:

• Consent Must Be Informed: Simply signing a generic waiver form is often not enough. The doctor must have a meaningful discussion with the patient about the specific risks of the procedure.
• Patient Autonomy: The law heavily protects a patient's right to control their own medical treatment. Performing a procedure beyond what was consented to can be grounds for a lawsuit.
• Damages: Juries can award significant compensation for the physical and emotional distress caused by unauthorized medical procedures.

For more information on the elements required to prove negligence, visit our Medical Malpractice Guide.