IC 34-18-12
Chapter 12. Liability Based on Breach of Contract; Informed
Consent
IC 34-18-12-1 Health care provider liability; actions based on breach of contract
Sec. 1. Liability may not be imposed on a health care provider on
the basis of an alleged breach of contract, express or implied,
assuring results to be obtained from any procedure undertaken in the
course of health care, unless the contract is in writing and signed by
that health care provider or by an authorized agent of the health care
provider. As added by P.L.1-1998, SEC.13.
IC 34-18-12-2 Informed consent; rebuttable presumption
Sec. 2. If a patient's written consent is:
(1) signed by the patient or the patient's authorized
representative;
(2) witnessed by an individual at least eighteen (18) years of
age; and
(3) explained, orally or in the written consent, to the patient or
the patient's authorized representative before a treatment,
procedure, examination, or test is undertaken;
a rebuttable presumption is created that the consent is an informed
consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-3 Informed written consent; explanation of proposed treatment,
outcome, and risks
Sec. 3. The explanation given in accordance with section 2(3) of
this chapter must include the following information:
(1) The general nature of the patient's condition.
(2) The proposed treatment, procedure, examination, or test.
(3) The expected outcome of the treatment, procedure,
examination, or test.
(4) The material risks of the treatment, procedure, examination,
or test.
(5) The reasonable alternatives to the treatment, procedure,
examination, or test. As added by P.L.1-1998, SEC.13.
IC 34-18-12-4 Duty to obtain informed consent
Sec. 4. This chapter does not relieve a qualified health care
provider of the duty to obtain an informed consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-5 Withdrawal of consent
Sec. 5. This chapter does not prevent a patient, after having signed
a consent, from withdrawing that consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-6 Writing not required
Sec. 6. This chapter does not require that a patient's consent or the
information described under section 3 of this chapter be in writing in
all cases. As added by P.L.1-1998, SEC.13.
IC 34-18-12-7 Compliance with chapter
Sec. 7. Compliance with this chapter is not required to create an
informed consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-8 Patient refusal to receive information
Sec. 8. A patient may refuse to receive some or all of the
information described in section 3 of this chapter. As added by P.L.1-1998, SEC.13.
IC 34-18-12-9 Consent not required; mental disability or emergency
Sec. 9. Sections 2 and 3 of this chapter do not apply to a person
who is mentally incapable of understanding the information required
to be provided by section 3 of this chapter. This section does not
require consent to health care in an emergency. As added by P.L.1-1998, SEC.13.
IC 34-18-12
Chapter 12. Liability Based on Breach of Contract; Informed
Consent
IC 34-18-12-1 Health care provider liability; actions based on breach of contract
Sec. 1. Liability may not be imposed on a health care provider on
the basis of an alleged breach of contract, express or implied,
assuring results to be obtained from any procedure undertaken in the
course of health care, unless the contract is in writing and signed by
that health care provider or by an authorized agent of the health care
provider. As added by P.L.1-1998, SEC.13.
IC 34-18-12-2 Informed consent; rebuttable presumption
Sec. 2. If a patient's written consent is:
(1) signed by the patient or the patient's authorized
representative;
(2) witnessed by an individual at least eighteen (18) years of
age; and
(3) explained, orally or in the written consent, to the patient or
the patient's authorized representative before a treatment,
procedure, examination, or test is undertaken;
a rebuttable presumption is created that the consent is an informed
consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-3 Informed written consent; explanation of proposed treatment,
outcome, and risks
Sec. 3. The explanation given in accordance with section 2(3) of
this chapter must include the following information:
(1) The general nature of the patient's condition.
(2) The proposed treatment, procedure, examination, or test.
(3) The expected outcome of the treatment, procedure,
examination, or test.
(4) The material risks of the treatment, procedure, examination,
or test.
(5) The reasonable alternatives to the treatment, procedure,
examination, or test. As added by P.L.1-1998, SEC.13.
IC 34-18-12-4 Duty to obtain informed consent
Sec. 4. This chapter does not relieve a qualified health care
provider of the duty to obtain an informed consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-5 Withdrawal of consent
Sec. 5. This chapter does not prevent a patient, after having signed
a consent, from withdrawing that consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-6 Writing not required
Sec. 6. This chapter does not require that a patient's consent or the
information described under section 3 of this chapter be in writing in
all cases. As added by P.L.1-1998, SEC.13.
IC 34-18-12-7 Compliance with chapter
Sec. 7. Compliance with this chapter is not required to create an
informed consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-8 Patient refusal to receive information
Sec. 8. A patient may refuse to receive some or all of the
information described in section 3 of this chapter. As added by P.L.1-1998, SEC.13.
IC 34-18-12-9 Consent not required; mental disability or emergency
Sec. 9. Sections 2 and 3 of this chapter do not apply to a person
who is mentally incapable of understanding the information required
to be provided by section 3 of this chapter. This section does not
require consent to health care in an emergency. As added by P.L.1-1998, SEC.13.
IC 34-18-12
Chapter 12. Liability Based on Breach of Contract; Informed
Consent
IC 34-18-12-1 Health care provider liability; actions based on breach of contract
Sec. 1. Liability may not be imposed on a health care provider on
the basis of an alleged breach of contract, express or implied,
assuring results to be obtained from any procedure undertaken in the
course of health care, unless the contract is in writing and signed by
that health care provider or by an authorized agent of the health care
provider. As added by P.L.1-1998, SEC.13.
IC 34-18-12-2 Informed consent; rebuttable presumption
Sec. 2. If a patient's written consent is:
(1) signed by the patient or the patient's authorized
representative;
(2) witnessed by an individual at least eighteen (18) years of
age; and
(3) explained, orally or in the written consent, to the patient or
the patient's authorized representative before a treatment,
procedure, examination, or test is undertaken;
a rebuttable presumption is created that the consent is an informed
consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-3 Informed written consent; explanation of proposed treatment,
outcome, and risks
Sec. 3. The explanation given in accordance with section 2(3) of
this chapter must include the following information:
(1) The general nature of the patient's condition.
(2) The proposed treatment, procedure, examination, or test.
(3) The expected outcome of the treatment, procedure,
examination, or test.
(4) The material risks of the treatment, procedure, examination,
or test.
(5) The reasonable alternatives to the treatment, procedure,
examination, or test. As added by P.L.1-1998, SEC.13.
IC 34-18-12-4 Duty to obtain informed consent
Sec. 4. This chapter does not relieve a qualified health care
provider of the duty to obtain an informed consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-5 Withdrawal of consent
Sec. 5. This chapter does not prevent a patient, after having signed
a consent, from withdrawing that consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-6 Writing not required
Sec. 6. This chapter does not require that a patient's consent or the
information described under section 3 of this chapter be in writing in
all cases. As added by P.L.1-1998, SEC.13.
IC 34-18-12-7 Compliance with chapter
Sec. 7. Compliance with this chapter is not required to create an
informed consent. As added by P.L.1-1998, SEC.13.
IC 34-18-12-8 Patient refusal to receive information
Sec. 8. A patient may refuse to receive some or all of the
information described in section 3 of this chapter. As added by P.L.1-1998, SEC.13.
IC 34-18-12-9 Consent not required; mental disability or emergency
Sec. 9. Sections 2 and 3 of this chapter do not apply to a person
who is mentally incapable of understanding the information required
to be provided by section 3 of this chapter. This section does not
require consent to health care in an emergency. As added by P.L.1-1998, SEC.13.
