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.
Rediscover the joy of medicine Subscribe
Curi Capital explores multiple investment strategies during a time of market volatility.
Our SVP of Finance summarizes these two loan types, made more widely available to businesses through the recent passage of the CARES Act.
Curi Capital summarizes key implications of the act for retirement plans and plan participants.