A number of new laws impacting the practice of medicine in Idaho have been enacted. MIEC encourages Idaho physicians to engage in the legislative process through organizations such as the Idaho Medical Association and the Idaho Coalition for Safe Healthcare. All new laws are effective July 1, 2024 unless noted otherwise. CONSENT Minor Consent: As previously reported, the Parental Rights in Medical Decision-Making Act largely eradicated an unemancipated minor’s authority to consent to medical care, as well as their right to confidentiality of that care. It also gives parents a private right of action against physicians if their right...
Defense Verdict After Patient Challenged Surgical Outcome
This case study was put together by our partners at CRICO and was written by Jennifer Vuu Sanchez, Program Director Description A 42-year-old female dissatisfied with post-surgical outcomes for chronic pelvic pain sued her gynecologist. Key Lessons Patients will sue even if there is no malpractice because of unexpected outcomes, anger, dissatisfaction, or lack of understanding of what occurred. Appropriate provider-patient communication helps manage expectations and complications. Provide emotional support for clinicians named in a malpractice lawsuit or claim. Clinical Sequence April 3: A 42-year-old female with a history of chronic pelvic pain (CPP) presented to her gynecologist with complaints...
Hospitals must obtain written consent for pelvic and similar exams.
Centers for Medicare & Medicaid Services (CMS) recently announced new guidance for hospitals informed consent guidelines. Based on increasing concerns about the absence of informed patient consent prior to allowing practitioners or supervised medical, advanced practice provider, or other applicable students to perform training- and education-related examinations outside the medically necessary procedure (such as breast, pelvic, prostate, and rectal examinations), particularly on anesthetized patients, we are reinforcing hospitals’ informed consent obligations. CMS requires hospitals to first obtain and document informed consent from patients before performing sensitive examinations in all circumstances. Informed consent includes the right to refuse consent for sensitive...
Bill Limiting Minor Medical Consent and Privacy Passed by Idaho Legislature
The “Parental Rights in Medical Decision-Making” Act was delivered to Governor Little on March 15, 2024. In the absence of a veto, it will go into effect on July 1, 2024 as an emergency provision. Minors (of specified ages) in Idaho have long held the right to consent to certain types of medical care, including certain types of behavioral health care, substance abuse disorder treatment, family planning, and some communicable diseases including sexually transmitted infections (STIs). As an extension of this right to consent to care, minors also had a right to confidentiality of information pertaining to care and treatment...
A 33-year-old woman went to the Emergency Department (ED) for abdominal pain and intermittent rectal bleeding. The attending physician ordered a colonoscopy, but it was never completed. The patient was diagnosed with colon cancer two years after her initial ED visit, and she passed away within a year. No one will ever know if having that initial follow-up would have changed her outcome, but an earlier diagnosis might have offered a better chance for survival. Preventing patients from falling through the cracks in the system is a constant challenge, and some health care organizations have turned to ambulatory safety nets...