Informed Consent by Patient:
a. Patient has to agree to be treated by physician. If there will be an evasive procedure or a procedure with risks, then the patient has to consent to accept those risks.
b. Consent = agreement; informed = knowledgable
c. Most courts hold that the signing of papers when you are admitted into the hospital does not necessarily mean the patient was informed. Presence of a consent form in and of itself does not constitute informed consent. There are few exceptions in Texas…see below.
d. The big question is: what is the standard for giving information so as to constitute informed consent:
(1) Most states use the reasonable patient standard. What would a reasonable patient want to know under these circumstances?
(2) Some states use the prudent physician standard. What would a prudent physician provide to the patient?
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