Only Doctors Can Obtain Informed Consent, Pa. Justices Rule
By Matt Fair (June 20, 2017, 6:55 PM EDT) -- The Pennsylvania Supreme Court revived a malpractice suit against a Geisinger Health System physician over a botched brain surgery, ruling that physicians must take personal responsibility for obtaining the informed consent of their patients in advance of medical procedures.
The justices ruled 4-3 that a jury, which ultimately sided with the surgeon in the case, had been improperly allowed to consider evidence that qualified members of the doctor's staff had provided information about the risks of the procedure.
Instead, the court ruled, a physician's duty to obtain informed consent was "non-delegable."
"Without direct dialogue and a two-way exchange between the physician...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!