Westchester Telemedicine Lawsuit for Lack of Informed Consent Lawyer
You agreed to the appointment, not to the outcome. When your telemedicine visit led to unexpected treatment, complications, or even surgery, you were likely never fully informed. In Westchester and across New York, more patients are discovering the harm caused by virtual medical care delivered without proper consent.
And under the law, that matters.
What Lack of Informed Consent Means Under New York Law
Informed consent isn’t a form — it’s a conversation. It’s your legal right to know the risks, benefits, and alternatives to any treatment before agreeing to it. When healthcare providers skip this step, especially during rushed telemedicine sessions, the results can be devastating.
Whether the issue involves a surgical procedure, prescription, or physical therapy referral, New York’s public health law requires that medical providers obtain your informed consent — and document it. Without it, even routine care can become grounds for a medical malpractice lawsuit if the outcome causes harm.
In fact, many medical malpractice claims in telemedicine today stem not from the treatment itself, but from the failure to fully inform the patient beforehand.
Real Stories Behind the Lawsuits
A Westchester man underwent a revision surgery on his knee after a telehealth orthopedic surgeon diagnosed a torn ligament. He never knew the extent of the procedure — or that alternative options existed. The treatment rendered left him with hip pain, urinary retention, and a long rehab process. The plaintiff alleged he would’ve chosen differently had he been fully informed.
In another case, a woman suffering from coronary artery disease was prescribed pain medication through a virtual consult. She later filed a medical malpractice case after learning that the medication masked symptoms of a heart attack. Her lawsuit argued that defendants failed to warn her of this risk.
Across the state, similar complaints are surfacing — from premature discharges to missed signs of fetal distress in virtual OB/GYN consults. These are not rare miscommunications. They’re failures in the legal duty every health care provider has to their patient.
Why Telemedicine Makes Informed Consent Harder
Digital appointments often shorten patient interaction, increasing the risk of miscommunication. Medical professionals might rush through explanations or skip key warnings. Without in-person documentation or physical exams, patients may not fully understand what they’re agreeing to — or that they’re agreeing at all.
In many medical malpractice lawsuits, courts examine whether patients were informed, whether consent was documented, and whether the patient’s injuries were the proximate cause of the treatment. In some cases, summary judgment motions are denied specifically because a triable issue remains about informed consent.
Even the Supreme Court and circuit court decisions have reinforced that lack of informed consent can be a stand-alone claim — separate from negligence — if it meets the essential elements under New York law.
Your Legal Rights and What to Expect
To bring a successful medical malpractice lawsuit based on lack of informed consent, your legal team must show:
- You were not informed of the risks, benefits, and alternatives
- The treatment went beyond what you understood or agreed to
- The outcome caused pain and suffering or worsened your health
- A reasonable person, if informed, would have refused the procedure
If the court finds that medical professionals failed in their duty, they can be held liable for damages — including medical costs, lost income, pain and suffering, and in some cases, punitive damages. And if the plaintiff suffered life-altering injuries or the case involves wrongful death, compensation may be significant.
You have the right to expect transparency from your health care practitioners. When that right is ignored, legal recourse is possible — and necessary.
Start With Greenstein & Pittari, LLP
If you’ve experienced medical care through telemedicine without proper informed consent — and suffered harm — Greenstein & Pittari, LLP can help. Our Westchester medical malpractice lawyers understand the complexity of virtual treatment and the legal standards that apply. We’re here to help you take action. Start with a free consultation and find out what your legal options look like.
Learn more about our Westchester telemedicine lawsuit for lack of informed consent lawyer services
Frequently Asked Questions
What qualifies as lack of informed consent in telemedicine?
When a medical provider fails to explain risks, benefits, or alternatives before treatment, especially during a virtual visit, it may qualify as lack of informed consent. If that omission leads to harm, you may have a valid medical malpractice claim.
Can I file a lawsuit if I was hurt by treatment I didn’t agree to?
Yes. If the treatment rendered went beyond what was explained or if key risks were never disclosed, you can bring a medical malpractice lawsuit — even if the procedure was done remotely.
Do I need evidence to prove I wasn’t informed?
Yes. Your lawyer may use chat logs, appointment summaries, medical records, and expert affirmation to show that you were not fully informed before treatment. Plaintiff’s claims often hinge on this documentation.
How long do I have to file a claim in New York?
Most medical malpractice claims in New York must be filed within two and a half years. But certain circumstances, like delayed discovery of the injury, may extend the timeline. Don’t wait to find out where you stand.
What compensation can I pursue in these cases?
You may seek damages for physical pain, emotional distress, medical bills, lost wages, and long-term impact on your health. In severe cases — like wrongful death — family members may also seek compensation.
Will it cost me anything to start a case?
No. We offer a free consultation. If we take your case, you don’t pay unless we recover compensation. That ensures everyone harmed by medical negligence — virtual or in-person — has access to legal support.