Procedure to obtain informed consent of patient
Source:
Section 677.097 — Procedure to obtain informed consent of patient, https://www.oregonlegislature.gov/bills_laws/ors/ors677.html.
Notes of Decisions
To demonstrate compliance with this section, expert testimony may be required to establish standard of practice of reasonable medical practitioner if patient requests further explanation of procedures or treatment to be undertaken. Tiedemann v. Radiation Therapy Consultants, 299 Or 238, 701 P2d 440 (1985)
This section, setting forth steps physician shall follow in obtaining patient’s informed consent, was intended to codify and clarify common law. Zacher v. Petty, 312 Or 590, 826 P2d 619 (1992)
For “explanation” to be adequate, patient must be capable of understanding risks of, and alternatives to, treatment and capable of using information in rational decision-making process. Macy v. Blatchford, 330 Or 444, 8 P3d 204 (2000)
Law Review Citations
71 OLR 909 (1992); 42 WLR 563 (2006)
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