AAPL Landmark - Informed Consent Flashcards
Is informed consent required for nonnegligent physician care?
Yes.
Natanson v. Kline, 350 P.2D 1093 (1960)
The Kansas SC found that a physician has a duty to a disclosure that a “reasonable medical practitioner” would make under similar circumstances. Informed consent is required for nonnegligent physician care.
Can a physician be liable for malpractice if he or she fails to disclose severe, although rare, risks inherent in a medical procedure?
Yes.
Canterbury v. Spence, 464 F.2D 772 (1972)?
The District of Columbia Court of Appeals moved away from Natanson v. Kline, and defined the standard for disclosure as being what a “reasonable person” would find material to decision making, including serious, but rare, risks. The two exceptions were emergency situations and if the disclosure could cause harm.
Does involuntary commitment to a state psychiatric facility preclude providing adequate informed consent for experimental psychosurgery?
Yes.
Kaimowitz v. Department of Mental Health for the State of Michigan (1973)
Involuntary commitment to a state psychiatric facility makes it impossible to give voluntary consent for risky procedures, as it is inherently a coercive environment.
Can a physician be found liable for failing to inform a patient of the consequences of not getting a recommended medical test?
Yes.
Truman v. Thomas, 611 P.2D 902 (1980)
The California Supreme Court ruled that a physician could be held liable for failing to inform a patient of the consequences of not getting a recommended medical test.
Can failure to obtain informed consent for antipsychotic medication be grounds for malpractice?
Yes
Clites v. Iowa, 322 N.W.2D 917 (1982)
Failure to obtain consent for antipsychotic medication can be grounds for malpractice.
Can an incompetent individual consent to voluntary hospitalization?
No.
Zinermon v. Burch, 494 U.S. 113 (1990)
The USSC ruled that because a hospital’s staff had the authority to deprive persons of liberty, the Constitution (14th Amendment) imposed on them the state’s duty to provide procedural protections. An incompetent individual cannot consent to voluntary hospitalization.
