The birth of a child should be filled with joy and anticipation, but when complications arise, the choices made by doctors carry enormous weight. In high risk deliveries, patients and families rely on clear and honest communication about the dangers, options, and potential outcomes. This is where informed consent becomes critical. In Pennsylvania, the law requires physicians to obtain informed consent for certain procedures, yet in practice, this duty is often misunderstood or overlooked.
If you believe you or your child suffered harm because informed consent was not properly obtained, Latona Law offers free consultations to help you understand your rights and explore your options.
What Informed Consent Means in Pennsylvania
Informed consent is more than a signed piece of paper. It is a process that ensures patients fully understand the risks, benefits, and alternatives of a medical procedure before agreeing to move forward. Under Pennsylvania law, informed consent must come directly from the physician performing the procedure. Nurses, residents, or other staff cannot take on this responsibility in place of the doctor.
This rule applies most clearly to surgeries and other invasive procedures, but it is also relevant in obstetrics. In a high risk delivery, decisions often involve cesarean sections, use of forceps or vacuums, or procedures to manage complications such as preeclampsia or fetal distress. Each of these carries unique risks that patients have a right to know about before giving consent.
How Courts View Informed Consent in High Risk Deliveries
Pennsylvania courts have consistently reinforced the idea that informed consent is a personal duty of the physician, not a task that can be delegated. In cases involving childbirth, courts look at whether the mother was adequately warned about the risks and alternatives before procedures were performed.
For example, if a doctor proceeds with a cesarean section without properly explaining why it is necessary, what complications could occur, and what alternatives exist, that may be considered a violation of the informed consent requirement. Courts are also clear that it is not enough to mention risks in general terms. The discussion must include material information that a reasonable patient would want to know when making a decision about her care.
In high risk deliveries, where time is often limited and emotions are high, the failure to communicate clearly can leave families blindsided by outcomes they were never prepared for. Pennsylvania law recognizes that patients must be given the chance to make truly informed choices whenever possible, even in urgent situations.
When Lack of Informed Consent Becomes Medical Malpractice
Not every poor outcome is malpractice, but when a doctor fails to provide informed consent and harm follows, courts may hold the provider accountable. The legal claim focuses on whether the patient would have made a different decision if she had been properly informed.
For instance, a mother may argue that she would have chosen a planned cesarean section earlier in her pregnancy if she had been fully warned about the risks of a vaginal delivery with her medical history. Or she may claim that had she known the potential dangers of a specific intervention, she would have refused it. In these cases, the lack of informed consent is not just a paperwork issue. It is about the fundamental right to make choices about one’s own body and medical care.
Families who pursue these cases often do so not only for justice, but also to secure resources for ongoing medical needs when birth injuries occur. Pennsylvania courts recognize the seriousness of these claims and take them under careful consideration.
Protecting Your Rights in High Risk Delivery Cases
If you or your child suffered complications during delivery and you believe you were not properly informed of the risks, you may have grounds for a medical malpractice claim. These cases require careful review of medical records, testimony from experts, and an understanding of both the law and the medical standards involved.
An attorney experienced in birth injury and informed consent cases can help you determine whether your rights were violated and guide you through the process of holding providers accountable. At Latona Law, we understand how deeply these cases affect families. We are committed to helping parents find answers and pursue justice when informed consent is ignored in high risk deliveries.
Take Action if You Suspect Lack of Informed Consent
Informed consent is not a formality. It is a patient’s right, especially in the most vulnerable moments of childbirth. Pennsylvania courts have made it clear that doctors must provide full and honest communication before performing procedures in high risk deliveries. When they fail to do so and harm results, families deserve answers and legal recourse.
If you believe you were denied the chance to make an informed decision during your delivery, do not wait to seek help. Contact Latona Law today for a free legal consultation. Our team is here to listen, to guide you, and to fight for the justice you and your family deserve.