Chapter 3.C.3 (or 2.B.3).  Limiting Liability for Failure to Disclose

 

Notes:  Limiting Liability for Failure to Disclose

 

Note 1.  Informed Consent and Competence.

 

For an article that examines state laws governing minorís consent rights, see David Vukadinovich, Minorsí Consent Rights to Treatment:  Navigating the Complexity of State Laws, 37 J. Health L. 6667 (2004).

 

Note 2.  The Limits of the Duty to Inform.

 

For a discussion of the informed consent doctrine, see generally, George Smith, The Vagaries of Informed Consent, 1 Ind. Health L. Rev. 109 (2004).

 

Daniels v. Durham County Hosp. Corp., 615 S.E.2d 60 (N.C. App. 2005) review denied, 628 S.E.2d 247 (N.C. 2006) (the hospital or its personnel are under no duty to inform a patient of the risks and procedures used by a privately-retained physician); Newell v. Trident Medical Center, 359 S.C. 4 (S.C. 2004) (physician, not hospital, has duty to inform patient but hospital personnel should bring failure to obtain informed consent to physicianís attention and hospital may assist in documenting consent).