You have a right to talk directly to your doctor and have your questions answered.


“The doctrine of informed consent protects a patient’s bodily integrity and autonomy in determining what medical treatment to allow. The doctrine recognizes that a patient has the right to be informed by his or her physician of the risks and benefits attending a proposed course of treatment in order to enable the patient to make an informed decision about the treatment. To ensure informed consent, the physician has a duty to inform the patient about the risks, benefits,  likelihood of success, and alternatives…The doctrine of informed consent developed through the common law under the theory that a surgery conducted without consent was a battery, and that, to be effective, a patient’s consent must be informed, i.e., based upon adequate information. Without the patient’s informed consent, the physician is liable for the procedure, regardless of whether the physician was negligent.” Shinal v. Toms, 31 MAP 2016 (PA 2017). Moreover, the Supreme Court of Pennsylvania has held that the physician may not delegate the responsibility of obtaining his or her patient’s consent to another person (e.g. a member of the physician’s staff such as a physician’s assistant or a nurse). The physician must communicate the risks, benefits, the likelihood of success, and alternatives by direct communication with the patient. In its opinion, the Supreme Court expressly stated that “[w]ithout direct dialogue and a two-way exchange between the physician and patient, the physician cannot be confident that the patient comprehends the risks, benefits,  likelihood of success, and alternatives” and that “Informed consent requires direct communication between physician and patient, and contemplates a back-and-forth, face-to-face exchange, which might include questions that the patient feels the physician must answer personally before the patient feels informed and becomes willing to consent.”

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