AAPL Landmark - Informed Consent Flashcards
What was the ruling of 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.
What was the ruling in 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.
What was the ruling of Kaimowitz v. Department of Mental Health for the State of Michigan?
Involuntarily commitment to a state psychiatric makes it impossible to give voluntary consent for a risky procedures, as it is inherently a coercive environment.
What was the ruling of 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.
What was the ruling in Clites v. Iowa, 322 N.W.2D 917 (1982)
Failure to obtain consent for antipsychotic medication can be grounds for malpractice.
What was the ruling in Zinermon v. Burch, 494 U.S. 113 (1990)?
The USSC ruled that because a hospital’s staff had authority to deprive persons of liberty, the Constitution (14th Amend) imposed on them the state’s duty to provide procedural protections. An incompetent individual cannot consent to voluntary hospitalization.
