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New Jersey Handbook: Informed Consent

MUST THE PATIENT SIGN A CONSENT FORM FOR EVERY PROCEDURE?

In New Jersey, there is no statutory “list” of treatments for which a signed consent form must be obtained. New Jersey follows the Doctrine of Informed Consent, under which no medical procedure may be performed without a patient’s consent, which is obtained after explanation of the nature of the treatment, substantial risks, and alternative therapies. Thus, written consent should be obtained in advance of performing a procedure.

In general, the more invasive the treatment, the more necessary it is to obtain documented consent. As a guideline, a signed consent form should be obtained when the treatment involves risks that are frequently-occurring and/or severe. For…

Curi’s risk mitigation resources and guidance are offered for educational and informational purposes only. This information is not medical or legal advice, does not replace independent professional judgment, does not constitute an endorsement of any kind, should not be deemed authoritative, and does not establish a standard of care in clinical settings or in courts of law. If you need legal advice, you should consult your independent/corporate counsel. We have found that using risk mitigation efforts can reduce malpractice risk; however, we do not make any guarantees that following these risk recommendations will prevent a complaint, claim, or suit from occurring, or mitigate the outcome(s) associated with any of them.

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