Signing A Consent Form Does Not Constitute A Waiver of Lack Of Informed Consent

Last week, the Appellate Division reversed a Kings County, New York Supreme Court Justice who granted the motion of New York Methodist Hospital and two obstetricians to dismiss plaintiff's lack of informed consent and malpractice claims. This plaintiff will now have her day in Court before a jury who will decide whether she has proven her claims and fairly compensate her child for serious and permanent neurological injuries. 

This case involves a mother in her 26th week of pregnancy who signed a consent form allowing her obstetrician to induce labor causing the infant to be born prematurely via c-section. There were medical malpractice claims concerning an alleged negligent performance of a digital vaginal exam which raised the risk for infection, thus leading to the induction. Plaintiff's expert raised an issue of fact on "whether the infection was sufficiently advanced and severe as to require immediate inducement. That's a question a jury will decide.

Most importantly the Appellate Division followed longstanding precedent stating: "The fact that a plaintiff signed a consent form, standing alone, does not establish a defendant's prima facie entitlement to judgment as a matter of law." The jury will decide whether the maternal plaintiff was fully informed about the risks and benefits of inducing labor at 26 weeks gestation and the available alternatives to that approach. Guinn v New York Methodist Hospital, 2023 N.Y. Slip Op. 00308

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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