Knowledge Library

Informed Refusal: What to do when patients cancel recommended treatments or procedures due to COVID-19 related concerns.

Physicians are often faced with situations where they believe a specific medical treatment or procedure is necessary or even lifesaving and yet the patient declines the service due to concerns of being exposed to COVID-19. Taking extra time to have a clear and candid conversation with the patient can make a significant difference. First, consider whether the patient was given adequate information and encouraged to ask questions about the treatment options. Assuring the patient is fully informed allows the patient to make the best decisions for their healthcare. Second, take efforts to explain what additional measures you have adapted to...

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California Informed Consent Supplement

This supplement to our "Informed Consent Revisited" article contains excerpts from California laws related to informed consent, consent by minors and special consents. California physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Department in Oakland at 800-227-4527. For general liability questions, physicians and their staff can call MIEC’s Patient Safety & Risk Management Department in Oakland, CA at 800-227-4527. Informed Consent In California, the current law on informed consent is derived largely from the case of Cobbs vs. Grant (1972) 8 Cal.3d 229 in which it was ruled that a physician...

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Alaska Informed Consent Supplement

This supplement to our "Informed Consent Revisited" article contains excerpts from Alaska laws related to informed consent, consent by minors and special consents. Alaska physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Office in Anchorage, AK at 907-868-2500. For general liability questions, physicians and their staff can call MIEC’s Patient Safety & Risk Management (PSRM) Office in Anchorage, AK at 907-252-4015 or the PSRM Department in Oakland, CA at 800-227-4527. Informed Consent In Alaska, the law on informed consent is derived largely from common law and statutes. Court decisions modify and...

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Idaho Informed Consent Supplement

This supplement to our "Informed Consent Revisited" article contains excerpts from Idaho laws related to informed consent, consent by minors and special consents. Idaho physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Office in Boise at 208-344-6378. For general liability questions, physicians and their staff can contact MIEC’s Patient Safety & Risk Management (PSRM) Specialist in Boise at 208-807-2603 or the PSRM Department in Oakland, CA at 800-227-4527. Informed Consent Idaho law provides that consent, or refusal to consent, for the furnishing of health care, treatment or procedures “shall be valid...

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Informed Consent Revisited: What is Expected of Providers

Informed consent has generated many articles, legal opinions and court decisions, yet it is still a misunderstood topic. Failure to obtain informed consent is a common allegation in medical malpractice cases involving surgery, invasive diagnostic studies and even medications. In some cases, defendants are absolved of negligence, but are held liable for not adequately disclosing the material risks of treatment which prevented the patient from giving an informed consent. Many physicians think informed consent is something they give to patients (“I consented the patient.”). In fact, doctors provide information, but obtain consent from their patients by having a full discussion...

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