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Attorney2020
Attorney2020, Lawyer.
Category: California Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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I want to bring up an informed consent issue with my company

Customer Question

I want to bring up an informed consent issue with my company that may make them want to reprimand me. Sometimes we have new MDs training with experienced MDs and the new MD does all or part of the procedure and is just introduced by the experienced MD as 'my associate'. Shouldn't there be informed consent? The patient should be aware and have the right to choose, no?
Anyway the main question is if I bring that up can my company retaliate? I'll go to the Medical Board if I have to. thanks!
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Attorney2020 replied 1 year ago.

No, your employer cannot retaliate against you for bringing up an issue where you reasonably belief to be in violation of any state, local or federal law under California 1102.5. See link for statute: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1102.5

If you are retaliated against be sure to document every occurrence for preservation of any evidence. I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.

Very helpful..would you as well be able to tell me about informed consent and how it relates to a new/inexperienced MD? Our practice doesn't seem to point out that fact…only if the patient asks.

Expert:  Attorney2020 replied 1 year ago.

Informed consent under these circumstances would be providing the patient with enough information so that the patient can make a decision as to consenting to being treated by the inexperienced physician. Preferably, the informed consent should be in writing.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.