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General question re Consent

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rxfillpharm

Junior Member
What is the name of your state? NY

During any medical treatment at er or surgical procedure, patients are asked to sign a consent, that basically says that you accept the risks involved, and will not hold them liable even in the event of death.

Without signing this, will you get treatment?
If a patient refuses to sign, let's say in the er, can the hospital refuse treatment?

Are medical professionals really not held liable if you sign the consent?
 


ellencee

Senior Member
During any medical treatment at er or surgical procedure, patients are asked to sign a consent, that basically says that you accept the risks involved, and will not hold them liable even in the event of death.

Without signing this, will you get treatment?
If a patient refuses to sign, let's say in the er, can the hospital refuse treatment?
The form you describe is the consent to treat. Unless you are in a life-threatening event where treatment is rendered based on implied consent, then, "yes", if you don't sign giving the hospital permission to treat, you can be refused treatment. The form explains that medical science is not an exact science and that certain inherent risks exist, including death of the patient. That's all that part of the wording means.

The form has nothing to do with acts of negligence that result in significant damages, which is required for a meritorious medical malpractice claim.

EC
 

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