i. The issue is whether the doctor was negligent in disclosing the risks of this surgery.
ii. Under 4590i, List A requires disclosure for enumerated procedures and List B did not.
iii. This procedure was on List A and the plaintiff alleges that the doctor should have reported more risks than those enumerated.
1. Plaintiff relied on Penick-there is a rebuttable presumption that the act has been complied with.
iv. The court said that this would override the purpose of the act and doctors could be liable for everything.
v. The presumption may only be rebutted by invalidity of the consent form—forgery and lack of capacity to sign.
vi. What about List B and the idea that you do not have to tell a patient anything?
1. This seems to go against everything already learned about.
2. Generally, most physicians do not know about the lists and the statute. They are going to already disclose much more than what is no either of the lists since they are so educated about informed consent.
vii. This statute is another attempt to reduce the risk of the doctor in giving medical services. The patient needs to be a more knowledgeable consumer.
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