Texas PJC Malpractice 2022

PJC 51.9

M EDICAL M ALPRACTICE —T HEORIES OF D IRECT L IABILITY

PJC 51.9

Informed Consent (Common Law)

QUESTION ______ Did Darla Dean fail to obtain informed consent from Paul Payne for treat ment by physical therapy ? “Informed consent” means consent given by a patient to whom such risks incident to treatment by physical therapy have been disclosed as would be dis closed to the patient by a physician of ordinary prudence under the same or similar circumstances. Answer “Yes” or “No.” Answer: _______________ If you answered the above question “Yes,” then answer the following ques tion. Otherwise, do not answer the following question. QUESTION ______ If those risks had been so disclosed, would a person of ordinary prudence have refused such treatment under the same or similar circumstances? Answer “Yes” or “No.” Answer: _______________ If you answered the above question “Yes,” then answer the following ques tion. Otherwise, do not answer the following question. QUESTION ______ Was Paul Payne injured by the occurrence of the risk or hazard of which he was not informed? Answer “Yes” or “No.” Answer: _______________

COMMENT When to use. PJC 51.9 submits the doctrine of informed consent under the com mon law. It should be used only in cases in which the provider of medical-related ser-

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