TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, November 20, 2014

PA: Justices Urged to Ban Informed Consent Forms from Strict Med Mal Trials

On Tuesday in Harrisburg, the justices heard arguments over whether informed consent forms should ever be admissible in strict med mal cases (those without allegations of informed consent violations).  Plaintiff's lawyer argued the forms could be used in a prejudicial way to insinuate that consent for the procedure included consent to risks caused by negligence.  Defense lawyer responded that the form could be relevant depending on the facts of the case.  Chief Justice Castille indicated that, for him, the case came down to the fact that a patient cannot consent to negligence.  Seven jurisdictions have adopted a blanket ban of informed consent forms in strict med mal cases; Pennsylvania will decide whether to become the eighth.  The Legal Intelligencer has the story.

http://lawprofessors.typepad.com/tortsprof/2014/11/pa-justices-urged-to-ban-informed-consent-forms-from-strict-med-mal-trials.html

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