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Verdicts
Only the Physician Can 'Inform' a Patient
Pennsylvania's Supreme Court ruled recently, in Shinal v. Toms, that in order to obtain true informed consent, the physician must discuss the subject medical procedure with the patient — €” this task cannot be left to a member of the physician's staff. (Copies of the opinion in Shinal v. Toms, PICS No. 17-0964, are available at http://at.law.com/PICS.)
Shinal's claim alleged that when she underwent brain surgery, which was performed by Dr Steven A. Toms, the chief of neurosurgery at Geisinger Clinic in Danville, PA, she suffered a perforated carotid artery. She claimed that she did not give her informed consent to the surgery. At trial, the judge instructed the jury that, in considering whether Shinal was properly informed of the risks and benefits of the surgery, it could consider any information communicated to Shinal by Dr. Toms and by any qualified person acting as Dr. Toms's assistant.
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