Outpatient Surgery Magazine

Is Your Data Secure? Subscribe to Outpatient Surgery Magazine - November 2017

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

Issue link: http://outpatientsurgery.uberflip.com/i/897409

Contents of this Issue


Page 34 of 122

upon lack of adequate informed consent. Fervent dissent How surprising was the decision? Not only is it wholly inconsistent with all precedent, but, as a dissenting justice points out (osmag.net/bzny4t), it mandates a dynamic that could have seri- ous repercussions not only for physicians, but also for patients. In "respectfully but fervently dissent[ing]," the justice wrote, "I fear that today's decision will have a far-reaching, negative impact on the manner in which physicians serve their patients. For fear of legal lia- bility, physicians now must be involved with every aspect of informing their patients' consent, thus delaying seriously ill patients access to physicians and the critical services that they provide." Although the decision immediately affects physicians in only one state, it's certainly possible that the same argument could be made in other jurisdictions and that other courts could look to Pennsylvania for guidance. It's safe to presume that physicians and hospitals every- where are now on guard, along with the American Medical Association, state medical societies and others, all of which will be keeping a close eye on this. In fact, the AMA argued in an amicus brief that there was "simply no logical reason" as to why any information given to the patient should be discounted in a negligence case, solely because the surgeon "did not himself provide it." The idea that "the patient had the relevant information but the 'wrong person' provided it and therefore the physician has not obtained informed consent, surely places form over substance," said the AMA. Improper touching? One of the puzzling aspects of the decision is that informed consent N O V E M B E R 2 0 1 7 • O U T PA T I E N T S U R G E R Y. N E T • 3 5

Articles in this issue

Links on this page

Archives of this issue

view archives of Outpatient Surgery Magazine - Is Your Data Secure? Subscribe to Outpatient Surgery Magazine - November 2017