Close-up of a patient’s hand signing consent forms.

Lack of Informed Consent Lawyer Near You in New Jersey

Every patient deserves to know about potential risks, alternatives, and outcomes of a medical procedure. If you were harmed by medical treatment you didn’t fully consent to, you may be entitled to compensation for your medical bills, pain and suffering, and other losses.

Our medical practice lawyers at Sarno da Costa D’Aniello Maceri Webb LLC, led by Paul M. da Costa, have recovered substantial settlement and verdicts for injured patients and families in New Jersey. Our lack of informed consent lawyers are dedicated to protecting your rights and helping you recover the compensation you deserve.

What Is Informed Consent?

Informed consent is designed to help patients understand the purpose, alternatives, risks, and benefits of medical procedures. Informed consent isn’t just about asking a patient to sign a form. True informed consent requires clear communication and is a cornerstone of building trust in doctor-patient relationships. Before you undergo surgery or treatment, your doctor must clearly outline, in plain language:

The nature and purpose of the treatment
Known risks and potential complications
Possible alternatives
The likely outcome if you choose not to proceed

A patient can only give valid consent when they understand this information and voluntarily agree to treatment. If your doctor fails to divulge risks that a qualified physician in the same specialty would share and you suffer harm as a result, you may have grounds for a lack of informed consent claim. Our lack of informed consent lawyers in New Jersey can evaluate your case and determine whether your case is viable, and advise you on the most effective course of action.

When Can Doctors Act Without Consent?

There are some situations in which a medical professional may act without a patient’s explicit consent, including:

Emergencies – When a patient is unconscious or otherwise unable to give consent and immediate treatment is necessary to prevent serious harm or save a life, doctors may provide care without consent.
Complications during surgery – If a potentially damaging or fatal circumstance arises during a medical procedure, physicians can take reasonable steps to remedy it, even if treatment wasn’t included in the original consent.
Inability to provide consent – Minors and people with certain cognitive disabilities or special needs may have a parent or legal guardian provide consent.

Unless one of these situations applies, if treatment deviates from what was authorized, doctors and hospitals may be liable if someone is harmed.

Proving Lack of Informed Consent

For a lack of informed consent case to be successful, an attorney must prove:

That a patient wasn’t properly informed about potential risks of the treatment that caused their injuries
That a patient would have declined the treatment and avoided injury if they had been adequately informed

Paul and our experienced informed consent lawyers work closely with respected medical experts to prove these cases. We know how to gather relevant evidence and put the pieces of the puzzle together to create compelling arguments that demonstrate how communication or documentation errors caused a patient harm. If you’ve lost a loved one due to medical negligence, our medical malpractice attorneys in New Jersey can evaluate your case and determine whether a wrongful death claim may be appropriate.

Why Choose Our New Jersey Lack of Informed Consent Attorneys?

At Sarno da Costa D’Aniello Maceri Webb LLC, we understand how physically, emotionally, and financially draining the aftermath of an injury can be. Our compassionate, client-centered approach means that we handle all aspects of your case so you and your family can focus on healing. Paul and his team negotiate aggressively on your behalf and handle all communications with insurers. If a reasonable settlement can’t be reached, we are always prepared to take your case to trial.

Reputation and Experience You Can Rely On

Paul M. da Costa is widely recognized in New Jersey for his leadership and record of success in complex medical malpractice litigation. Our team has built a reputation for tireless legal advocacy, thorough preparation, and a passion for making things right for injured victims in New Jersey.

Paul is a member of the American Board of Trial Advocates and a fellow of the Litigation Counsel of America, which are both invitation-only membership trial attorney associations. Paul and his team have been recognized by The Best Lawyers in America® as a Tier 1 Medical Malpractice – Plaintiffs law firm in New Jersey for 2022 and 2024. The National Law Journal selected Paul M. da Costa and his team as recipients of its prestigious 2022 Elite Trial Lawyers Awards in the medical malpractice category.

Sarno da Costa D’Aniello Maceri Webb LLC was selected by their peers for inclusion in the Best Lawyers® Best Law Firms Regional Tier 1 – New Jersey, in the areas of:

Paul and 16 other attorneys at Sarno da Costa D’Aniello Maceri Webb LLC were also included in the 2026 edition of The Best Lawyers in America®.

Contact a Lack of Informed Consent Lawyer Near You in New Jersey

If you believe your doctor didn’t fully inform you about the risks of a procedure, don’t wait to seek legal help. Our medical malpractice attorneys at Sarno da Costa D’Aniello Maceri Webb LLC are here for you. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. Our lack of informed consent attorneys near you in New Jersey offer several convenient locations in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.

Frequently Asked Questions About Lack of Informed Consent in New Jersey

I Signed a Consent Form. Do I Still Have a Case?

Yes. Even if you consented to treatment, it doesn’t mean you were properly informed. If you didn’t truly understand the risks or weren’t told about significant complications, you may have a lack of informed consent claim in New Jersey.

What Is My Case Worth?

The value of your claim depends on many different factors, including the severity of your injury and the impact it has had on your life. Our lack of informed consent attorneys can help you pursue damages such as:

Medical expenses
Past and future lost wages
Pain and suffering
Loss of enjoyment of life
Loss of companionship and consortium

How Long Do I Have to File a Lack of Informed Consent Lawsuit in New Jersey?

In most cases, the statute of limitations for medical malpractice claims is two years in New Jersey. However, deadlines and processes for filing a claim can vary, so it’s important to contact a lack of informed consent lawyer as soon as possible.

How Much Does a Lack of Informed Consent Attorney Cost?

Our medical malpractice lawyers take cases on a contingency fee basis. You pay nothing upfront, and we get paid only if we secure compensation for you.

Lack of Informed Consent