Legal Question in Medical Malpractice in New Jersey

consent for medical procedure

In New Jersey, is there any law that establishes how long before a medical procedure a patient must be advised of the risks of that procedure?


Asked on 2/22/07, 10:04 am

3 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: consent for medical procedure

consent usually takes the form of a written document signed by the patient before the procedure. The notice should be reasonable under the circumstances.

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Answered on 2/22/07, 10:08 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: consent for medical procedure

Besides consent forms there is also a consultation before the procedure where the doctor should be advised of all of the risks. Its just common practice.

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Answered on 2/22/07, 11:21 am
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: consent for medical procedure

Normally, informed consent is obtained for each procedure, so it would be contemporatneous generally with the treatment. It is not unusual for the consent to be obtained when the consult for a procedure is done, rather than the day of. Some health care providers get it at the time of the procedure. It msut be given knowingly and before the procedure.

If you have further questions, please feel free to contact me at 800-34 NJ LAW or by e-mail.

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Answered on 2/22/07, 11:48 am


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