How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37026
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

I am a surgeon in Texas with a question about surgical consents.

Customer Question

I am a surgeon in Texas with a question about surgical consents. Are there any federal or state statutes that address how long a surgical consent is good for once it is signed? For example 7 days, 30 days, etc. Also, are there any statutes that address when it is ok to redate and initial an existing consent vs. having to sign a new one?
Thanks
Submitted: 8 months ago.
Category: Legal
Expert:  Ray replied 8 months ago.
Hi and welcome to JA. Ray here to help you today. This is simply not covered by Texas law. It is pretty standard to get a new consent form if say surgery is delayed and rescheduled. but legally it is nt necessary. 26. How long is the consent form valid after having been signed? This is not addressed by the Informed Consent Statute. https://www.dshs.state.tx.us/facilities/medical-disclosure/faq.aspx#faq26 If the same doctor performed a procedure a week or two after the informed consent arguably in Texas it is still valid.Good practice here get a new one signed each time if it is postponed .It offers you additional protection but the law does not require it. I appreciate the chance to help you tonight.Thanks again.
Expert:  Ray replied 8 months ago.
I asked some of my sources/Dr and a couple of RN's --have been told it should be "within a reasonable amount of time" which our hospital has chosen to interpret as 30 days.It just isn't covered by statute here in Texas but this seems reasonable and defendable.