Nevada’s Informed Consent Laws: What Patients Need To Know

What Is Informed Consent in Nevada’s Healthcare Industry?

Informed consent refers to clear, transparent communication between physicians, physician assistants, and their patients. The medical professional providing the proposed treatment must obtain informed consent before beginning treatment.

Elements of a Valid Signed Consent Form

Medical facilities use a consent form to verify that informed consent has been obtained. The form outlines all the information the physician or physician assistant must provide the patient before the procedure begins, including the reason they recommend the treatment, the potential benefits and risks, alternative treatment options, and the cost.

The medical professional must also confirm that the patient is of sound mind and capable of making medical decisions. The patient must give their consent without coercion, and the documentation should indicate they’ve given their consent to the specific physician or physician assistant who explained the treatment and secured their consent. The form should also indicate the procedure chosen and be signed and dated by the following:

• The patient/patient’s legal representative
• The medical professional performing the treatment
• A witness

Additionally, the date and time the patient gave consent must be included on the form to confirm that consent was obtained before treatment began.

NRS 449.710: Patient Rights and Informed Consent Requirements 

Physicians and physician assistants seeking informed consent in Nevada must comply with NRS 449.710 and all applicable laws. These medical professionals must provide patients with additional information, such as:

• The name of any medical facility related to the proposed treatment.
• Their qualifications and certifications.
• The name and title of the person who coordinates care at the medical facility.
• A complete diagnosis, treatment plan, and prognosis.
• Information about the risks of treatment.
• Whether any students are involved in providing treatment.

Physicians and physician assistants must also inform patients whether their facility performs experimental procedures and whether these procedures could affect their care.

Disclosure Obligations Under Nevada Physician Standards

Under Nevada’s informed consent statute, these medical professionals must provide patients with information about the following before initiating treatment:

• Their diagnosis/condition
• The proposed treatment, including:
  • Its purpose
  • Its nature
  • The potential benefits
  • The risks of receiving the treatment
  • The risks of not receiving the treatment
• Alternative treatments
• The cost of the treatment

The physician or physician assistant must also secure consent before initiating the treatment and document this in the patient’s medical records.

Professional Standard vs. Lay Standard Debate 

The professional standard for informed consent is from the perspective of the physician or physician assistant. The lay standard is the standard for informed consent expected by the patient.

The lay standards emphasize patient autonomy and the patient’s right to make decisions about their care. These decisions may not be based on best practices; a patient’s religious or personal beliefs may determine what treatments they approve, and their right to adhere to their beliefs supersedes medical advice, even if physicians and physician assistants believe medical advice supersedes the individual’s beliefs.

Some states apply professional standards to informed consent medical malpractice claims. Other states apply lay standards to plaintiffs proving these claims.

Nevada blends professional and lay standards, which means expert testimony may be necessary to establish a reasonable standard for informed consent.

Informed Consent and Medical Malpractice Lawsuits in Nevada

Under Nevada’s medical malpractice laws, if a physician or physician assistant fails to provide informed consent in compliance with Nevada’s legal disclosure requirements, the patient can sue them for medical malpractice.

When a medical professional or facility does not provide a patient with the same standard of care that most other professionals or facilities would provide in the same circumstances, there are grounds for a medical malpractice claim. Suppose 10 pregnant women go to 10 different hospitals because they’re having contractions every three or four minutes. Each woman is 38 weeks pregnant. There are no other significant health factors of note.

Nine of these women are admitted and give birth. The tenth woman is sent home. On her way home, she gives birth, and her baby suffers a birth injury. In that case, it’s clear that the hospital did not adhere to the typical standard of care other facilities would have provided, which means she has a legal basis for a medical malpractice suit.

Informed consent works under the same principle. If the majority of other professionals with the same qualifications would have provided additional or different information when obtaining consent, a healthcare professional may face a medical malpractice lawsuit for failing to provide that information. Informed consent must meet the standard of information that most medical professionals would provide.

Examples of information that might be missing when seeking informed consent that would justify a medical malpractice claim include the following:

• All the risks of the procedure.
• Alternative treatments.
• The full cost of the procedure.

Proving Lack of Informed Consent in Court 

Perhaps you’re wondering how to file a medical malpractice lawsuit and what steps you’ll need to take to win your case after you file.

The best way to file a medical malpractice lawsuit for lack of informed consent is to hire an experienced attorney who’s handled comparable medical malpractice claims. With an experienced attorney on your side, you don’t have to worry about learning how to prepare legal forms, file a claim, or negotiate a settlement. You can be confident that your attorney is using all available legal precedents to support your claim while you focus on your health.

Proving lack of informed consent in court involves demonstrating that the physician or physician assistant failed to provide significant, relevant information that other physicians or physician assistants would have disclosed.

Suppose a surgeon recommends an operation. They mention a couple of alternative treatments and a few potential risks. After the surgery, you suffer complications that weren’t listed with the other risks. You learn these are common complications, but your surgeon didn’t mention them. You also learn that other common alternative treatments that were less invasive and less expensive may have been effective. The surgeon’s failure to provide this information would be grounds for a surgery mistake lawsuit, for failing to secure informed consent.

Exceptions To Informed Consent Requirements in Nevada

Although lack of informed consent is grounds for a medical malpractice claim in Nevada, there are exceptions to Nevada’s informed consent requirements. For the right to informed consent to apply, the patient must be conscious and able to make an informed decision.

Special Scenarios: Minors, Guardians, and Incapacitated Patients

There are circumstances when an individual may not have the legal right to make decisions about their medical care. These circumstances involve minors, guardians, and incapacitated patients.

Minors and Guardians

A minor is a person under 18 years of age. Parents or legal guardians are legally authorized to make decisions about their medical care. In these cases, the physician or physician assistant must provide the parent or guardian with all the information required under informed consent laws and comply with the parent or guardian’s decisions about medical care.

Incapacitated Patients

Incapacitated patients are patients who are unconscious, comatose, or otherwise prevented from making informed decisions due to illness, injury, or disability.

A person who’s disabled would typically have a parent or legal guardian authorized to make decisions on their behalf.

A person who’s unable to make decisions due to an illness should have someone who is authorized to make decisions on their behalf. Suppose an individual with Alzheimer’s wanders away from home. They’re found suffering from frostbite and are severely dehydrated. They’re confused and don’t understand where they are or what is going on. They carry no identification, and the medical facility cannot locate a relative. In that case, the physician may provide care without meeting the state’s informed consent laws. However, if the person has identification and it includes contact information for the person authorized to make medical decisions on their behalf, the physician must make reasonable efforts to contact that person and secure informed consent for treatment.

Additionally, a person who suffers from a permanent injury that affects their ability to make informed decisions, such as a traumatic brain injury (TBI), should have a person authorized to make medical decisions on their behalf. However, if a person needs treatment for an injury that prevents them from making informed medical decisions, Nevada’s emergency consent doctrine may apply.

Implied and Emergency Consent Doctrines

Implied and emergency consent doctrines may serve as exceptions to Nevada’s informed consent laws.

Implied Consent

In Nevada, implied consent laws apply to those suspected of driving under the influence (DUI). The act of driving on a public road serves as consent to perform tests to determine if the driver is high or intoxicated, if a police officer requests these tests. These tests may involve drawing blood or collecting urine samples.

Emergency Consent

Medical professionals may wait and attempt to obtain informed consent for minor injuries, but may disregard informed consent requirements in medical emergencies.

Suppose you’re in a car accident. You suffered severe lacerations and have lost a lot of blood. Due to the blood loss, you’re confused and do not understand the nature of your condition or the treatment options available. Medical personnel are unable to reach your next of kin. In that case, medical professionals may begin treatment without completing a consent form.

Practical Implications for Las Vegas Patients and Providers

Medical professionals in Nevada must prioritize clear, thorough communication with patients that meets the standard required by the state’s informed consent laws. The need for comprehensive communication may mean it takes longer to provide treatment, or that the patient does not authorize the recommended treatment.

For patients, informed consent laws can prevent them from receiving painful or expensive treatments or unnecessary medical procedures. Informed consent laws give them greater control over their medical care and ensure they have detailed information about treatments and options, enabling them to make informed decisions.

Why Adam S. Kutner Excels in Informed Consent Cases

With 34 years of legal experience, Adam S. Kutner has established an unparalleled reputation for excellence. Adam S. Kutner, Injury Attorneys, is a multiple award-winning law firm known for outstanding customer service and legal representation. Our goal is to ensure each client is heard and receives the maximum compensation available for their claim.

We work with reputable medical professionals who can provide expert testimony to support medical malpractice claims arising from a lack of informed consent, and we investigate and build compelling cases that justify damages for our clients.

Informed Consent Frequently Asked Questions