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The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter
The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter
All Faculty Scholarship
The role of hospitals in managing the informed consent process for hospital-based treatments has expanded substantially over the last several decades. Most recently, many hospitals have installed multi-media platforms designed to provide a patient with basic information about a recommended procedure, including its associated risks, and to record the patient’s consent to or rejection of the procedure. Yet, despite the substantial control that hospitals exercise over the informed consent process, state courts routinely dismiss informed consent claims brought against hospitals, holding that only physicians have the training and expertise to satisfy informed consent obligations and therefore that only physicians may …
The Patient's Right To Safety: Improving The Quality Of Care Through Litigation Against Hospitals, George J. Annas
The Patient's Right To Safety: Improving The Quality Of Care Through Litigation Against Hospitals, George J. Annas
Faculty Scholarship
It is the consensus of experts in the patient-safety field that little has changed to improve the safety of hospital care since the Institute of Medicine's 1999 report, To Err Is Human. The report noted that in order to be successful, “safety must be an explicit organizational goal that is demonstrated by clear organizational leadership. . . . This process begins when boards of directors demonstrate their commitment to this objective by regular, close oversight of the safety of the institutions they shepherd.” Leape and Berwick agree, noting that safety cannot become an institutional priority “without more sustained and …