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Category: Informed Consent

PA Supreme Court: Dentists Performing Surgery Must Personally Obtain Informed Consent Directly From Patients

A recent ruling from the Pennsylvania Supreme Court has held that a medical provider performing any type of surgery has a non-delegable duty to obtain informed consent directly from its patients. This ruling, issued in the case of Megan and Robert Shinal v. Steven Toms, M.D., breaks from prior case law suggesting that it was sufficient for support staff to obtain the informed consent of a patient, and prohibits a physician (or dentist) from delegating his or her duty to obtain a patient’s informed consent prior to surgery.

Categories: Blogs, Informed Consent, Operating a Practice, Pennsylvania Law