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Are there any exceptions to the rebuttable presumption if the provider fails to disclose the List A risks or use the Panel’s form?

April 26, 2017disclose exceptions fails form list panel presumption Provider rebuttable

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Are there any exceptions to the rebuttable presumption if the provider fails to disclose the List A risks or use the Panel’s form?

1 Answer

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The Consent Statute provides that the provider may not be found negligent for failure to disclose if there was an emergency or a reason it was not medically feasible to make the disclosure. Consent Statute, Sec. 74.106.