HRS 0671-0003 ANNOTATIONS

Cross References

Mental illness, informed consent for nonemergency treatment, see §334E-1.

Law Journals and Reviews

Keomaka v. Zakaib: The Physician's Affirmative Duty to Protect Patient Autonomy Through the Process of Informed Consent. 14 UH L. Rev. 801.

Case Notes

Patient-oriented standard applies to physician's duty to disclose risk information prior to treatment. 79 H. 475, 904 P.2d 489.

Under circumstances of case, physician did not have affirmative duty to inform patient that physician was not plastic surgeon and did not have hospital privileges. 86 H. 84, 947 P.2d 952.

Where defendant doctor never properly established at trial the "therapeutic privilege exception" to the requirement that informed consent be obtained before starting patient on antipsychotic medication, trial court erred in refusing to instruct jury concerning the tort of negligent failure to provide informed consent. 98 H. 470, 50 P.3d 946.

Informed consent doctrine discussed. 8 H. App. 518, 811 P.2d 478.

A consent form is no substitute for a physician's affirmative duty to inform his or her patient. 86 H. 93 (App.), 947 P.2d 961.

Prior law.

Malpractice plaintiff required to prove harm complained of was probable risk of surgery and that hospital knew or should have known of risk. 6 H. App. 563, 732 P.2d 1255.

 

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