We Help After an Accident or Abuse

The personal injury attorneys of Tremont Sheldon Robinson Mahoney have recovered more than $500 million in verdicts and settlements. Est 1960.

We Help After an Accident or Abuse

We Help After an Accident or Abuse

The personal injury attorneys of Tremont Sheldon Robinson Mahoney have recovered more than $500 million in verdicts and settlements. Est 1960.

We are open and ready to help…

We have modified our office to help with social distancing. We are able to see clients inside or outside the office, or by video or telephone conference.

Courts are beginning to reopen, and insurance companies are resuming normal business. We are here for you and happy to help with insurance issues, medical bills and everything else.

We are open and ready to help…
We have modified our office to help with social distancing. We are able to see clients inside or outside the office, or by video or telephone conference.
Courts are beginning to reopen, and insurance companies are resuming normal business. We are here for you and happy to help with insurance issues, medical bills and everything else.

Over $70 Million

Awards and settlements collected for child victims of sexual abuse across Connecticut involving priests, clergy, teachers, coaches and family members.

$6.2Million

Landmark verdict holding an off-duty police officer responsible for failing to prevent a fatal drunk driving accident.

$6Million

Recovered award for family after proving the medical manufacturer knew about the faulty oxygen machine that killed a patient.

$5.39Million

Won settlement for truck accident victim by taking the case before the superior court after trucking company filed for bankruptcy.

$2.1Million

Largest verdict in Connecticut history involving serious injuries after a motorcycle accident.

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  4.  » What must be shown in a consent-based medical malpractice case?

A few weeks ago, we discussed the concept of “informed consent” with regards to medical malpractice cases in Connecticut. Basically, medical professionals have a duty to ensure that patients understand the risks and benefits of a certain course of medical treatment, that they are aware of feasible alternatives and that they consent to going forward with the treatment. But what does this mean, in practice, to a person who has been injured and is attempting to recover for his or her medical expenses and other losses due to a lack of informed consent? One of the main important concepts in consent-based medical malpractice cases is “materiality.” When a patient is informed about a medical treatment or procedure, he or she must be given all information regarding the material risks of the treatment. In this context, “material” information is that information which a reasonably prudent person would take into account when deciding whether to submit to the treatment. Note that this is an objective, rather than subjective standard. This means that materiality is not based upon what this particular patient may have thought, but what a hypothetical reasonable person would have found important. The second important idea in malpractice cases based upon lack of informed consent is that of “proximate cause.” Under Connecticut law, this means that a person injured by a medical treatment must show that if disclosure of material risks had been made, a reasonable person would not have consented to the treatment. Again, the state of mind of the particular patient involved is not the standard, but rather whether a hypothetical reasonable patient would have found the risk significant enough to mot submit to the treatment.

As one might imagine from the above descriptions, whether a risk that was not disclosed is material and was a proximate cause of any given patient’s injury may be quite a complicated question. The ability of the parties to make the case that a reasonable person would have found the information material and significant enough to refuse a treatment may be paramount in the outcome of a case. Because of this, people who have been injured by medical malpractice may wish to consider consulting a Connecticut personal injury attorney.