Do you know what the requirements are for valid informed consent?
The general rule is that the patient must have sufficient capacity or competency to provide effective consent. What that means is that the patient has both the mental capacity and the legal capacity to make informed decisions. Patient’s must be able to comprehend relevant facts and be able to make rational decisions about their treatment. That can depend on each individual and their circumstances. Practitioners must be sensitive to each patient. Capacity and competency is defined by statute, regulation or cases. This video reviews who makes the initial determination; as well as discusses the difference when dealing with adults and minors.
Kim C. Stanger
Holland & Hart LLP
- Partner in the office of Holland & Hart LLP
- Practice emphasizes all aspects of health law, including regulatory compliance, risk management, health care transactions, and defense of individual and institutional providers in administrative and civil litigation
- Frequent speaker at local, regional and national conferences for health care providers, and the principal presenter of the firm’s monthly health law webinar series
- Frequent author on health law related topics, including national publications and the firm’s regular health law alerts
- Adjunct professor, Health Law, Boise State University
- Member of the American Health Lawyers Association and the American Bar Association Health Law Section
- Best Lawyers in America—Health Law since 2011; Lawyer of the Year—Health Law, 2014
- J.D. and B.A. degrees, Brigham Young University
- Can be contacted at 208-383-3913 or [email protected]
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