Wash. Rev. Code § 7.70.060

Consent form — Contents — Prima facie evidence — Shared decision making — Patient decision aid — Failure to use

Courts will presume that patients or their representatives gave their informed consent to medical treatment if the patient or representative’s signature appears on a document that describes, in plain language, the nature and expected outcomes of the treatment, alternatives to the treatment, and the risks and benefits of both the treatment and alternative treatments. The presumption will also arise if the patient or their representative’s signature appears on a document stating that the patient elected not to receive the informed consent information. Patients may present evidence to challenge the presumption that they gave informed consent.

Courts will presume that a patient gave informed consent to a treatment if they, or their representative, signed an acknowledgement of shared decisionmaking that contains the following elements:

•         A statement that the patient and provider have chosen to meet the informed consent requirements through shared decision making.
•         “A brief description of the services that the patient and provider jointly have agreed will be furnished.”
•         A description of the decision aids used by the provider and patient.
•         A statement indicating the patient’s understanding of the seriousness of their condition, the treatment options, and the risks and benefits of the treatment options.

A statement that the patient was able to ask and receive answers to questions and a statement “indicating the patient’s intent to receive the identified services.”