News & Knowledge Practice ManagementJune 23, 2017April 6, 2023 Pennsylvania Supreme Court Rules Doctors, Not Staff, Must Obtain Informed Consent By: Curi Editorial Team < 1 Minute Read In a move with significant implications for legal liability exposures for physicians and medical practices, the Pennsylvania Supreme Court ruled on June 20 that physicians cannot delegate the responsibility to obtain informed consent from patients before a medical procedure. This means that informed consent obtained by staff members does not meet the state’s informed consent requirement under the Medical Care Availability and Reduction of Error (MCARE) law. According to the majority opinion in the case, “Informed consent requires direct communication between physician and patient, and contemplates a back-and-forth, face-to-face exchange, which might include questions that the patient feels the physician must answer personally before the patient feels informed and becomes willing to consent. The duty to obtain the patient’s informed consent belongs solely to the physician.” All Pennsylvania physicians and practices should take note of this ruling and, if needed, change their internal processes relating to informed consent to reflect its guidance. Curi Editorial Team READ NEXT April 5, 2024April 5, 2024Practice Management Five Steps to Reduce Generative AI Risks in Healthcare AI is already assisting physicians and healthcare organizations in many ways. Learn how its use may impact liability and what strategies can mitigate risk. Read more April 3, 2024April 5, 2024Human Resources | Practice Management Webinar: ADA, FMLA, Workers’ Compensation: Understanding The Bermuda Triangle of Employment Law What do you do when an employee needs time off for a medical issue for themselves or their loved ones? If they were injured at work,… Read more August 30, 2023August 30, 2023Human Resources | Practice Management Webinar: Ask the Experts: Exploring HR Solutions for Today’s Practice In August 2023, Curi Advisory hosted a webinar panel titled, “Ask the Experts: Exploring HR Solutions for Today’s Practice.” From recruiting and training, to staffing shortages… Read more