Consent to invasive diagnostic testing should be analyzed as if it were consent to surgery. Many diagnostic tests are quite uncomfortable; and some, such as kidney biopsies, are more hazardous than minor surgery. Since many of these tests are performed by physicians who are either employees of the hospital or potential agents of the hospital must ensure that written consent is obtained. The hospital may be liable for negligent actions of these physicians and may also be liable for injuries due to defective equipment. because of this additional liability, the hospital should ensure that consent to diagnostic testing is an informed consent.
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