Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

User avatar
Kunle Emmanuel
Webmaster
Webmaster
Reactions:
Posts: 3339
Joined: Mon Jan 09, 2012 5:02 pm
Years of practice: 20
Location: Lagos
Contact:

Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by Kunle Emmanuel »

A physician cannot perform a surgery or other medical procedure on a patient without first obtaining the patient’s informed consent. Informed consent means that the patient was advised of the risks, benefits, and alternatives to the procedure and, knowing these, made the decision to undergo the procedure. A physician can be legally liable where he or she fails to obtain a patient’s informed consent before performing a medical procedure.

In a recent medical malpractice action, the Pennsylvania Supreme Court held that a physician’s duty to provide information to a patient sufficient to obtain her informed consent is non-delegable. Thus, conversations between the patient and members of the physician’s staff will not suffice. The duty to obtain a patient’s informed consent for a major medical procedure belongs to the physician, who must inform the patient about the risks, benefits, likelihood of success, and alternatives.

The decision in Shinal v. Toms will likely impact the manner in which physicians practicing throughout Pennsylvania obtain informed consent from their patients.

In Shinal, the plaintiff patient underwent total resection of a brain tumor. During the operation, the defendant physician perforated the patient’s carotid artery, which resulted in hemorrhage, stroke, brain injury, and partial blindness. Prior to the procedure, a physician’s assistant had provided information about the procedure to the patient and obtained a signed informed consent form. However, the plaintiff claimed the physician never informed her of the risks associated with the surgery or offered a lower risk surgical alternative, followed by radiation. The jury was instructed that they could consider information communicated to the patient by the physician’s assistant in determining the informed consent issue. The jury subsequently entered a verdict in favor of the defendant physician.

On appeal, the plaintiff patient asserted that the jury charge misstated the common law as explained in Valles v. Albert Einstein Med. Ctr. and conflicted with the Medical Care Availability and Reduction of Error Act (MCARE).

In Valles v. Albert Einstein Med. Ctr. the Court held that a hospital cannot be liable for a physician’s failure to obtain informed consent. Pursuant to Valles, the duty to obtain a patient’s informed consent is a non-delegable duty owed by the physician conducting the surgery or treatment.

Relying on Valles, the Court held that a physician cannot rely upon a staff member to disclose the information required to obtain informed consent from a patient. “Without direct dialogue and a two-way exchange between the physician and patient, the physician cannot be confident that the patient comprehends the risks, benefits, likelihood of success, and alternatives.”

The Shinal Court noted that its account of the common law under Valles is consistent with the plain language of the MCARE Act’s codification of informed consent.

The Court thus found it was error for the trial court to instruct the jury that it could consider information provided by the defendant physician’s staff when deciding the informed consent claim. Because the physician’s duty to provide information to a patient to obtain informed consent is non-delegable, the Court reversed the order affirming the judgment entered in favor of the defendant physician and remanded for a new trial.

Following this decision, physicians providing medical services in Pennsylvania should not delegate to staff members the task of obtaining consent from patients for major medical procedures or surgery.

SOURCEhttp://www.pajustice.org/news/354871/Can-a-Doc ... Member.htm
Together We Light Up The Profession one candle at a time.
Kennedy
Reactions:
Posts: 53
Joined: Thu Dec 16, 2021 6:42 am
Years of practice: 2

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by Kennedy »

Great write-up, I am a big believer in commenting on blogs to inform the blog writers know that they’ve added something worthwhile to the world wide web!..
Kennedy
Reactions:
Posts: 53
Joined: Thu Dec 16, 2021 6:42 am
Years of practice: 2

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by Kennedy »

Your content is nothing short of brilliant in many ways. I think this is engaging and eye-opening material. Thank you so much for caring about your content and your readers.
ASDF123
Reactions:
Posts: 179
Joined: Wed Jan 12, 2022 9:06 am
Years of practice: 20
Contact:

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by ASDF123 »

Thanks for taking the time to discuss this, I feel strongly about it and love learning more on this topic. If possible, as you gain expertise, would you mind updating your blog with extra information? It is extremely helpful for me.
ASDF123
Reactions:
Posts: 179
Joined: Wed Jan 12, 2022 9:06 am
Years of practice: 20
Contact:

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by ASDF123 »

I learn some new stuff from it too, thanks for sharing your information.
ASDF123
Reactions:
Posts: 179
Joined: Wed Jan 12, 2022 9:06 am
Years of practice: 20
Contact:

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by ASDF123 »

Took me time to read all the comments, but I really enjoyed the article. It proved to be Very helpful to me and I am sure to all the commenters here! It’s always nice when you can not only be informed, but also entertained! jardins-bricolages.fr
ASDF123
Reactions:
Posts: 179
Joined: Wed Jan 12, 2022 9:06 am
Years of practice: 20
Contact:

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by ASDF123 »

What a thrilling post, you have pointed out some excellent points, I as well believe this is a superb website. I have planned to visit it again and again.
ASDF123
Reactions:
Posts: 179
Joined: Wed Jan 12, 2022 9:06 am
Years of practice: 20
Contact:

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by ASDF123 »

Superbly written article, if only all bloggers offered the same content as you, the internet would be a far better place..
ASDF123
Reactions:
Posts: 179
Joined: Wed Jan 12, 2022 9:06 am
Years of practice: 20
Contact:

Re: Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Unread post by ASDF123 »

I have recently started a blog, the info you provide on this site has helped me greatly. Thanks for all of your time & work.
Post Reply Previous topicNext topic
  • Similar Topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 219 guests