Q. Why do we have to sign so many consent forms during our infertility treatments? Should we have a lawyer review the consent forms for our own safety before we sign?
A. The reason for so many consent forms during the assisted reproductive technology (ART) process is not only to protect you as the patient, but also to protect your Health Care Provider as well.
This originates from the legal and ethical concept that a patient has the right to make decisions as to what happens to his or her body and the ethical duty of a physician to inform a patient of their health care options, which is called Informed Consent.
All 50 States have legislation that requires some level of Informed Consent. In Pennsylvania, the law requires that physicians must first obtain a patient’s Informed Consent prior to performing surgical or operative procedures in non-emergency situations. In these instances, the patient and doctor enter into a contract and in order for that contract to be valid in Pennsylvania; the patient must be informed about the proposed medical procedure or treatment and about the risks involved with the procedure or treatment. The patient must also be informed of any alternatives that a reasonable person would consider to make an informed decision about whether to undergo a particular procedure or treatment.
Once the patient is informed, the doctor must access the patient’s understanding and there must be an acceptance by the patient by signature of the Informed Consent. In Pennsylvania, a physician who performs a procedure without this Informed Consent renders herself liable for negligence or battery and may constitute medical malpractice.
Review of such documents and the explanation of the legal ramifications by an attorney are always recommended in these instances, particularly an attorney that is experienced and knowledgeable in the terminology, contracts, procedures and ethics surrounding ART. That way, the patient is counseled on their understanding of the information presented, and can therefore give Informed Consent. .
heARTbeat is a publication of the KingSpry Adoption/ART Law Practice Group. It is meant to be informational and does not constitute legal advice.
