Knowledge Library

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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Hawaii Informed Consent Supplement

This supplement to our "Informed Consent Revisited" article contains excerpts from Hawaii laws related to informed consent, consent by minors and special consents. Hawaii physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Office in Honolulu at 808-545-7231 or in Oakland, CA 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 the state of Hawaii, physicians must obtain informed consent from a patient prior to proposed medical or surgical treatments and diagnostic or therapeutic...

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