Term
The Right to Control Own Body
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Definition
| "every human being of adult years and sound mind has a right to determine what shall be done with his own body; a surgeon who performs an operation without his patient's consent commits an assault for which he is liable in damages." -Justice Cardozo Schloendorff. |
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Term
| Right to Refuse Medical Treatment |
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Definition
| even if medical treatment is recommended and would be in the patient's best interests, the patient has the right to refuse such treatment in the absence of a conflicting state interest. In Re: L.H.R. |
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Term
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Definition
| A cause of action for battery exists when objected-to-treatment is performed without the consent of or after withdrawal of consent by the patient. O.C.G.A. § 51-3-70. |
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Term
| Circumstances where Consent Negates a Claim for Battery: medical personnel |
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Definition
| If consent is given for a physician to perform a procedure, that consent flows to all medical personnel whether or not named on the consent, involved in the performance of the surgery under the physician's direct supervision and control, and the plaintiff cannot claim battery. Cardio TVP Surgical Associates, P.C. |
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Term
| True or False: if a patient consents to medical treatment and the doctor commits an act of negligence in rendering that treatment, the patient can sue the doctor for committing a battery. |
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Definition
| FALSE: If one consents to a course of treatment, a negligent touching in that course will not constitute battery, even though the patient did not consent to negligence. (Where there is basic consent, negligence cannot be converted into a battery). Morton. |
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Term
| Effect of Basic Consent Obtained by Artifice |
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Definition
| If consent for a touching is obtained by some artifice directly related to the physician's professional relationship to the patient, the consent may not be valid and the touching may be unlawful. Albany v. Urology Clinic P.C. |
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Term
| TRUE or FALSE: a consent form signed by patient prior to her hysterectomy that would have authorized the doctor to remove one or more of her ovaries was valid during a follow up operation to correct problems with the hysterectomy. |
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Definition
| FALSE: Here, the patient has a cause of action for battery. In Joiner, the Court held that a consent form signed by patient prior to her hysterectomy that would have authorized the doctor to remove one or more of her ovaries was not valid during a follow up operation to correct problems with the hysterectomy. |
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Term
| The Limits of General Consent |
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Definition
| A patient's consent to a general course of treatment does not preclude an action for battery for treatment actually undertaken. Johnson. |
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Term
| To contradict a doctor's claim that further treatment than that consented to was "medically necessary" require the plaintiff to present expert testimony expert testimony? |
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Definition
| Yes. A doctor's claim that a further procedure was "medically necessary" must be contradicted by expert testimony. Long. |
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Term
| The Role of Exceptional Circumstances |
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Definition
| In Joiner, a question of fact existed as to whether exceptional circumstances existed justifying the removal of a patient's ovary, precluding the grant of summary judgment for the defendant. |
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Term
| Situations where consent is NOT always needed |
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Definition
| An inmate who, due to mental impairment was incapable of making rational decisions, was deemed to have consented to medical treatment for a grave emergency. Simon. |
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Term
| Ambiguity and the Rule of Construction for Consent |
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Definition
| a consent form's terms are construed against the physician. Harris v. Tatum. |
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Term
| Valid Informed Consent: Who is required to Consent? |
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Definition
| Under O.C.G.A. § 31-8-6, consent by one person authorized and empowered to consent to surgical or medical treatment shall be sufficent. |
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Term
| Valid Informed Consent and Justified Reliance |
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Definition
| Under O.C.G.A. § 31-8-6(c), any person acting in good faith reliance on the representations of any person purporting to give consent, including but not limited to, his identity, his age, his marital status, his emancipation, and his relationship to any other person for whom the consent is purportedly given. |
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Term
| The Presumption of Valid Informed Consent |
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Definition
| Under O.C.G.A. § 31-8-6(d) a consent to surgical or medical treatment which discloses in general terms the treatment or the course of treatment in connection with which it is given and which is duly evidence in writing and signed by the patient or other persons authorized to consent pursuant this statute shall be conclusively presumed to be a valid consent in the absence of fradulent misrepresentations of material fact in obtaining the same. |
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Term
| Information Required to be Disclosed to Patients undergoing Surgical or Diagnostic Procedures (O.C.G.A. § 31-9-6.1) |
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Definition
(1) diagnosis of patient's condition requiring such proposed surgical or diagnostic procedure diagnostic procedure;
(2) the nature and purpose of such proposed surgical or diagnostic procedure;
(3) material risks (see card 17)
(4) the likelihood of success of such proposed surgical or diagnostic procedure;
(5) the practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and
(6) the prognosis of the patient's condition of such procedure is rejected.
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Term
| Material Risks required to be disclosed to a patient undergoing a surgical or diagnostic procedure |
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Definition
| material risks generally recognized and accepted by reasonable prudent physicians of infections, allergic reaction, severe loss of blood, loss of function of any limb or organ, paralysis or partial paralysis, parapegia, or quadripliegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure. See O.C.G.A. § 31-6-6.1(a)(3). |
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Term
| Surgical or Diagnostic Procedures for which informed consent requirements as specified in O.C.G.A.§ 31-6-6 applies |
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Definition
(1) any surgical procedure under general anesthesia, spinal anesthesia, or major regional anesthesia or
(2) any amniocentesis diagnostic procedure or a diagnostic procedure which involves the intraveneous or intraductal injection of a contrast material |
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Term
| Whose responsibility is it to ensure that the information required by O.C.G.A. § 31-9-6.1(a) is disclosed to the patient and the patient's consent obtained? |
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Definition
| It shall be the responsibility of the responsible physician to ensure that the information required by subsection (a) is disclosed to the patient and the patient's consent obtained. O.C.G.A. § 31-9-6.1(c). The "responsible physician" means the physician who performs the procedure or the physician under whose direct orders the prcoedure is performed by a nonphysician. |
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Term
| By what means is the information in O.C.G.A. § 31-9-6.1(a) required to be disclosed to the patient? |
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Definition
| The information may be disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with nurses, physicians assistants, trained counselors, patient educators, or other similar persons known by the responsible physician to be knowledgeable and capable of communicating such information |
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Term
| Cause of Action arising under O.C.G.A. § 31-9-6.1 for failure to provide informed consent |
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Definition
In situations where a consent to a surgical or diagnostic treatment is required, a failure to comply with the requirements of O.C.G.A. § 31-9-6.1 shall not constitute a seperate cause of action but may give rise to a claim for medical malpractice and be brought against the appropriate doctor and/or his employer upon a showing that:
(1) the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure;
(2) that information concerning the injury suffered was not disclosed as required by O.C.G.A. § 31-9-6.1 ; and
(3) that a reasonably prudent patient would have refused the surgery or diagnostic procedure or would have chosen a practical alternative to such proposed surgical or diagnostic procedure if such information had been disclosed. |
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Term
| Expert Affidavit Requirement in Informed Consent Cases |
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Definition
| allegations of negligence for failure to comply with the requirements of O.C.G.A. § 31-9-6.1 requires that an expert's affidavit set forth that the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure and that such injury was a material risk required to be disclosed under O.C.G.A. § 31-9-6.1 . |
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Term
| Exceptions to O.C.G.A. § 31-9-6.1: Where informed consent is NOT required |
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Definition
(1) an emergency exists as defined in O.C.G.A. § 31-9-3
(2) the procedure is generally recognized by prudent physicians to be one which does not involve a material risk to the patient involved;
(3) a patient or authorized person makes a required in writing that the information required not be disclosed;
(4) prior consent has been given(see card #24)
(5) the procedure was unforseen and not known to be needed at the time consent was obtained and the patient has consented to allow the responsible physician to make the decision concerning such procedure. |
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Term
| Exception to the Informed Consent Requirements of O.C.G.A. § 31-9-6.1: Prior Consent |
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Definition
| A prior consent, within 30 days of the procedure complying with the requirements of O.C.G.A. § 31-9-6.1 to the procedure has been obtained as a part of a course of treatment for the patient's condition, provided however that if such consent is obtained in conjunction with the admission of the patient to the hospital for the performance of such procedure, the consent shall be valid for a period of 30 days from the date of admission or for the period of time the person is confined in the hospital for that purpose, whichever is greater. O.C.G.A. § 31-9-6.1 (e)(4). |
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Term
| Beyond the 6 pieces of information required to be disclosed under O.C.G.A. § 31-9-6.1(a), what other information must the doctor disclose? |
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Definition
| A doctor need volunteer only the 6 pieces of information required to be disclosed under O.C.G.A. § 31-9-6.1(a). While a doctor must truthfully answer a patient's questions, there is NO duty to volunteer risks, alternatives, etc., except as spelled out in O.C.G.A. § 31-9-6.1(a). The doctrine of informed consent for health procedures and treatment is defined in Georgia exclusively by statutes and regulations. Blotner. |
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Term
| TRUE OR FALSE: a patient can sue for negligence where a doctor failed to volunteer pertinent information which a reasonably prudent patient would want to know. |
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Definition
| FALSE. That was the court's holding in Ketchup, which was subsequently overruled by Blother. See Card #25. |
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Term
| Does a lack of informed consent give rise to a claim of battery? |
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Definition
| NO. Whereas lack of basic consent gives rise to a battery claim, lack of informed consent is simply an element of negligence. O.C.G.A. § 31-9-6.1(d). |
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