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Federal standards for consent for hospital medicare surverys
How Specific Must the Notice be in FTCA Cases? - Goodman v. U.S., 298 F.3d 1048 (9th Cir. 2002) - this case involved a claim for failure of consent to an experimental treatment.
No Consent is not failure of informed consent - Wuerz v. Huffaker, 42 S.W.3d 652 (Mo.App. E.D. 2001)
Court holds that there can be liability for rendering emergency care against the patient's consent - Shine v. Vega, 429 Mass. 456, 709 N.E.2d 58 (Mass. 1999) - This is a complex case and must be read carefully. The action was based on a later refusal to go to the hospital because of previous unconsented emergency care. While the court recognized that there can be liability for refusing to honor the patient's wishes, it is not clear that this case is a good example.
State may ban physician-assisted suicide - Vacco v. Quill, 117 S. Ct. 2293 (U.S. 1997) and Washington v. Glucksberg, 521 U.S. 702 (1997)
Wilkerson v. Mid-America Cardiology, 908 S.W.2d 691 (Mo.App. W.D. Jul 25, 1995) - This case is a good example of how systems failures in a hospital's consent process can result in a patient having surgery without any consent having been obtained.
No duty to inform patient of non-medical information - ARATO v. AVEDON 858 P.2d 598 (Cal 1993)
Moore v. Regents of University of California, 793 P.2d 479 (Cal. 1990) - This case establishes that a physician must disclose conflicts of interest that can affect patient care. It is based on breach of fiduciary duty and is one of the few cases to arise from medical research.
May a patient consent to unorthodox treatment? - Schneider v. Revici, 817 F.2d 987 (2nd Cir. 1987)
Soldier cannot sue government for LSD experiments - U.S. v. Stanley, 479 U.S. 1005 (1986)
Moore v. Preventive Medicine Medical Group Inc., 178 Cal. App. 3d 728, 223 Cal. Rptr. 859 (Cal.App.Dist.2 03-11-1986) - This case involves the failure of a referring physician to properly inform the patient of the importance of seeing the specialist and not assuring that the patient went to the appointment.
Truman v. Thomas, 611 P.2d 902 (Cal. 1980) - This case involves the failure to warn the patient of the risks of not consenting to a diagnostic test.
Nurse Disciplined for Telling Patient about Alternative Treatments - Tuma v. Board of Nursing, 100 Idaho 74, 593 P.2d 711 (Idaho Apr 17, 1979) - This is an older case in which a nurse who told a patient about alternative treatments was disciplined for unprofessional conduct for interfering with the physician-patient relationship.
Canterbury v. Spence., 464 F.2d 772 (D.C. Cir. 1972) - Classic case articulating the reasonable patient standard.
Cobbs v. Grant, 8 Cal. 3d 229, 502 P.2d 1, 104 Cal. Rptr. 505 (Cal. 1972) - This is one of the first modern informed consent cases.
Consent as a fiduciary duty - Moore v. Webb, 345 S.W.2d 239 (Mo.App. 1961) - This is a classic early case based on total failure of consent to extract plaintiff's teeth.
Schoendorff v. Society of New York Hosp., 105 N.E. 92, 93 (N.Y. 1914)
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