Some attorneys are saying a new ruling on informed consent will sow confusion in the medical industry and lead to an uptick in legal disputes. Others say it just clears up conflicting case law and aids in reducing the number of medical malpractice claims in Pennsylvania. But one thing is for sure—attorneys in the Keystone State are talking about the decision in Shinal v. Toms.
The state Supreme Court’s ruling was issued June 20, and what has grabbed the attention of attorneys across Pennsylvania is the holding that informed consent requires direct communication between doctors and patients. Or, as Justice David Wecht said in the 41-page majority opinion, “a physician’s duty to provide information to a patient sufficient to obtain her informed consent is non-delegable.”
