June 13, 2021

Volume XI, Number 164

Advertisement

June 11, 2021

Subscribe to Latest Legal News and Analysis

Pennsylvania Senate Approves Bill Allowing Delegation of A Doctor’s Informed Consent Duties

On Wednesday April 28, the Pennsylvania Senate unanimously passed a bill that would allow qualified associates/staff to obtain informed consent from patients prior to medical procedures. Traditionally, doctors were the only individuals who had the sole, non-delegable responsibility of obtaining the Consent Forms. The unanimous vote amends the state’s Medical Care Availability and Reduction of Error Act (MCARE Act) to clarify that not only a treating physician but any “qualified practitioner” would be able to obtain a patient’s informed consent.

This is considered a controversial decision because there remains disagreement with having other “qualified practitioners” handling the process of securing consent forms. Pennsylvania Senate John Gordner had a strong response. “This ruling severely hampers the concept of team-based care and ignores the realities of present-day health care,” he explained, in referencing the 2017 PA Supreme Court decision in Shinal v. Toms.  He went on to state that “It further takes away a physician’s medical expertise and judgment in determining how best to serve his or her patients.”

Since the bill has been passed, it will now be considered in the Pennsylvania House of Representatives.

COPYRIGHT © 2021, STARK & STARKNational Law Review, Volume XI, Number 130
Advertisement
Advertisement
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement
Advertisement

About this Author

Jeff Krawitz, Casualty Litigator, Stark and Stark Law firm
Shareholder

Jeff Krawitz is a Shareholder and member of Stark & Stark’s Accident & Personal Injury Group and concentrates his practice in casualty litigation focusing on complex injury, coverage issues and bad faith claims. He also has, and continues to, litigate claims arising from motor vehicle and transportation accidents, many of which involve catastrophic damages. His practice also includes the representation of litigants in professional liability claims including those involving medical negligence. Mr. Krawitz has extensive experience in both state and federal courts...

267-907-9606
Advertisement
Advertisement