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Ray, Lawyer
Category: Legal
Satisfied Customers: 42871
Experience:  30 years in civil, probate, real estate, elder law
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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?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year 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. 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 1 year 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.