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With nearly 200 years of combined experience, Regan Zambri Long’s Washington, DC medical malpractice lawyers handle informed consent cases where patients were not given the full picture before agreeing to medical care that changed their lives. Informed consent is about more than paperwork. It is about making sure patients understand their options, the risks involved, and what a procedure truly means before moving forward.
With board-certified founding partners rated AV Preeminent by Martindale-Hubbell and all six partners named among Best Lawyers’ top medical malpractice lawyers in DC, our award-winning team brings depth and clarity to cases where communication failed at a critical moment. That experience has led to over $1 billion in personal injury recoveries, including medical malpractice awards of $15 million, $8 million, $7.3 million, and $6.5 million. Clients consistently point to that approach in our more than 100 5 star Google reviews.
Have you been harmed by a medical decision you didn’t understand at the time? Contact Regan Zambri Long today, and one of our attorneys will reach out to you personally. We front all case costs, so there’s no fee unless we win your case, and we’re available 24 hours a day, 7 days a week.
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The standard for informed consent complements the standard of care that all medical experts must uphold when practicing medicine. All doctors must provide medical care comparable to that of a reasonably competent doctor with similar training who would provide it in the same situation.
The medical standard for informed consent is similar: doctors must provide patients with information that any reasonable person would want to know before agreeing to a treatment plan. This includes information about the proposed treatment option, its benefits, risks, and possible side effects. The medical professional must also advise the patient about alternative treatment plans.
A health care provider performing a different procedure than the one a patient consented to violates patient rights and is illegal. It’s as simple as that.
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Data from the American College of Surgeons shows this is not a theoretical issue. In 2023, 8% of documented unexpected patient safety incidents involved the wrong surgery being performed.
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You have a valid medical malpractice claim against the healthcare provider for performing a different procedure (or additional procedures) than what you consented to, even if that procedure was successful.
Here’s the bottom line: a physician cannot technically receive consent from patients if the patient is unaware of the details of the treatment plan.
Think about it this way: A friend asks to borrow your car, and you agree. When the car is returned, it is painted a different color and has thousands of extra miles. When you ask your friend, she insists you consented to letting her borrow the car. However, you never agreed to a paint job and a cross-country road trip.
Unauthorized treatment is similar to the situation with your car. You simply cannot say yes or no to a medical plan, whether a surgical procedure, medical testing, or other invasive treatments, that you don’t understand. If a doctor doesn’t clearly and fully explain the procedure, the benefits and risks, and any alternatives, then you have never technically authorized the treatment.
This issue is well recognized. A 2025 paper published in The American Journal of Cardiology looked at informed consent and shared decision-making and found that many current consent forms leave gaps when it comes to patient understanding. In the United States, the study noted that consent guidelines often focus on giving information, without making sure patients truly understand what that information means. In other words, paperwork alone does not always equal real consent.
Lack of informed consent is not always necessarily medical malpractice. Basic medical procedures that are low-risk and commonplace do not need informed consent (i.e., medical checkups, checking vital signs, blood pressure, etc.). Even things like X-rays do not require written consent – most reasonable people understand the test is very low risk. However, even when informed consent isn’t mandatory, there’s still an ethical obligation for doctors to be transparent with patients whenever possible.
In malpractice cases involving communication issues, more than one-fourth include allegations related to informed consent. A 2023 study found that liability based on omitted or poor consent, with compensation awarded, was present in 15.4% of malpractice claims. A 2025 review of national malpractice data also found that communication failures were involved in 40% of cases, and 63% of those cases closed with an indemnity payment.
Informed consent is necessary when a reasonable patient hesitates or refuses a particular treatment after reviewing all the information. Treatments that require informed consent every time are:
Yes. As mentioned earlier, performing a procedure different from the one the patient authorized is illegal, regardless of the outcome. If this happens to you, contact a medical malpractice attorney immediately. Your medical malpractice lawyer will determine all liable parties, gather evidence to build a winning case, negotiate with the insurance company, and take your case to court, if necessary.
Remember, the foundation of all provider-patient relationships is trust. If a doctor operates outside the agreed plan of treatment, it raises serious concerns. You are the only person who has full authority over your body. A doctor has no right to change the course of treatment without your explicit consent.
Each state and jurisdiction has different time restrictions for filing a medical malpractice claim against a negligent healthcare provider. §12–301 states that Washington, DC’s statute of limitations for medical malpractice claims is three years from the date of the injury or illness.
While this may seem like a long time, if you do not file a claim within that window, you will forfeit all rights to compensation. It is best to contact a medical malpractice attorney and file a claim as soon as possible.
Informed consent is not necessary when a patient is incapable of providing it. In the eyes of the law, minors are not capable of giving informed consent. Therefore, consent must be given by the child’s legal guardian or representative.
Additionally, patients with an intellectual disability or patients who are incapacitated (unresponsive and/or in a coma) are not able to give their consent. Like minors, an authorized personal representative may be contacted to consent on the patient’s behalf.
In medical emergencies, or if a person is experiencing a mental health crisis in which immediate medical treatment must be given to prevent serious injury to the patient or others, the medical provider may administer medication without seeking informed consent.
The Regan Zambri Long medical malpractice lawyers have been protecting the rights of Washington, DC, residents for nearly three decades. We believe in the miracle and necessity of modern medicine – that’s why we simply do not tolerate negligent medical professionals.
Unexpected medical expenses and lost wages due to missed time at work can financially ruin even the wealthiest individuals. You should not foot the bill and put your entire financial future on the line because of someone else’s mistake.
Named among the Best Law Firms in America, with all our partners listed among the nation’s 500 Leading Plaintiff Consumer Lawyers and Washington, DC’s Top 30 Medical Malpractice Plaintiff Lawyers, our nationally-recognized law firm offers a free consultation to new clients. During your case evaluation, you will speak with a compassionate informed consent attorney who will listen to your story and give you an honest opinion about the validity of your claim. After, our legal team will work around-the-clock to ensure you recover maximum damages.
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We have recovered over $1 billion in settlements and verdicts for our personal injury clients since 1997, including dozens of multimillion-dollar medical malpractice outcomes, such as:
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 Call today to get the process started.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.
