Vt. Stat. Ann. tit. 12, § 1909 - Limitation of medical malpractice action based on lack of informed consent under the court procedure law

“Limitation of medical malpractice action based on lack of informed consent under the court procedure law”

A patient is entitled to a reasonable answer to any specific question about foreseeable risks and benefits, and a medical practitioner must not withhold any requested information.

 “Lack of informed consent” means:

• The failure of a health care professional to disclose to the patient treatment alternatives and the risks and benefits associated with a treatment; or
• The failure to provide a reasonable answer to a patient’s questions about foreseeable risks and benefits.

A patient’s right to informed consent does not apply during a medical emergency and may not be the basis of a medical malpractice action.

It is a defense to any action for medical malpractice based upon an alleged failure to obtain such an informed consent that:

• The risk not disclosed is too commonly known to require disclosure and that the risk is not substantial;
• The patient assured the medical practitioner he or she would undergo the treatment, procedure or diagnosis regardless of the risk involved, or the patient indicated to the medical practitioner that he or she did not want to be informed of the matters to which he or she would be entitled to be informed;
• Consent by or on behalf of the patient was not reasonably possible; or
• A reasonably prudent person in the patient's position would have undergone the treatment or diagnosis if he or she had been fully informed.