Is a provider required to disclose the risks identified by the Panel for a List A procedure or to use the Panel’s consent forms?
No (except in the case of a hysterectomy—see discussion below), but if the provider fails to disclose the specific risks and hazards identified by the Panel for a List A procedure or to use the Panel’s form, in the event of a health care liability claim on the issue of informed consent there will be a rebuttable presumption that the provider was negligent and failed to fulfill the duty of disclosure.
Related Questions
- Are there any exceptions to the rebuttable presumption if the provider fails to disclose the List A risks or use the Panel’s form?
- Is a provider required to disclose the risks identified by the Panel for a List A procedure or to use the Panel’s consent forms?
- May a provider add information or text to the Panel’s consent forms other than risks and hazards, such as consent to photographs?
