New York State Nurses Association Position on Informed Consent


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6/2/2011
The Pagan Law Firm, P.C.
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It is easy for a patient or a New York medical malpractice attorney to tell you what we think informed consent means. Of course, those receiving medical care or advocating for people receiving medical care want patients to receive as much information as possible about treatment and procedures. But, what does the medical community think about informed consent?

What the New York Nursing Association Thinks about Informed Consent

Since at least 1979, the state Nursing Association has provided guidance to nurses about the moral and legal issues surrounding informed consent. It is currently the position of the Association that*:
  • Informed consent protects an individual's right to self-determination. Thus, when providing informed consent conflicts with other priorities, the patient's human right to self-determination should be the priority. Patients have the right to determine what happens to their bodies.
  • Patients who are able should be fully involved in the planning, implementing and evaluating of their health care.
  • Each patient must be provided with information necessary to make informed judgments. This must, at least, include benefits, risks and alternatives.
  • Nobody should impose their beliefs or judgment on a patient.

While it is not necessarily the nurse's job to obtain informed consent, the information provided by the Nursing Association provides important information about informed consent in New York.

If a doctor or hospital has performed a medical procedure for which you, or your health care proxy, did not provide informed consent, please contact a New York medical malpractice lawyer at 1-800-PAGAN-911 today for a free consultation.

For more information about informed consent in New York, please read 3 Signs Your Consent to a New York Medical Procedure May Not Have Been Informed.

*Source: New York State Nursing Association, Position Statement, Informed Consent

Category: Failure to Provide Informed Consent


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