Just wondering if anyone on this site is aware of this:
"On June 20, the Supreme Court of Pennsylvania ruled in Shinal vs. Toms that only a physiciancan obtain informed consent based on the Medical Care Availability and Reduction of Error (MCARE) Act of 2002. The ruling also outlines that a physician cannot rely upon staff to disclose sufficient information required to obtain a patient's informed consent.
The duty to obtain a patient's informed consent is a non-delegable duty, the Court ruled, belonging solely to the physician conducting the surgery or treatment. The Court found no provisions in the MCARE Act allowing for information given by a physician's staff to satisfy the physician's burden to obtain informed consent.
Section 504 of the Medical Care Availability and Reduction of Error Act, 40 P.S. § 1303.504(a), specifically states:
A physician owes a duty to a patient to obtain Informed Consent of the patient or the patient's authorized representative prior to the conducting the following procedures:
1. Operative and invasive procedures, including the related administration of anesthesia;
2. Administering radiation or chemotherapy;
3. Administering a blood transfusion and all blood products;
4. Inserting a surgical device or appliance; and
5. Administering an experimental medication, using an experimental device or using an approved medication or device in an experimental manner.
Be advised that with this ruling, the ability for PAs, NPs, mid wives and other practitioners to obtain informed consent is in serious question."
Specializes in OR, Nursing Professional Development.
Dodongo, do you have the link for the quote in your first post? Not just the entire block of the lawsuit, but the site where you found what you posted.
Rose_Queen, BSN, MSN, RN
6 Articles; 12,057 Posts
Dodongo, do you have the link for the quote in your first post? Not just the entire block of the lawsuit, but the site where you found what you posted.