304.40-320 Informed consent -- When deemed given.
In any action brought for treating, examining, or operating on a claimant wherein the <br>claimant's informed consent is an element, the claimant's informed consent shall be <br>deemed to have been given where: <br>(1) The action of the health care provider in obtaining the consent of the patient or
another person authorized to give consent for the patient was in accordance with the <br>accepted standard of medical or dental practice among members of the profession <br>with similar training and experience; and
(2) A reasonable individual, from the information provided by the health care provider
under the circumstances, would have a general understanding of the procedure and <br>medically or dentally acceptable alternative procedures or treatments and substantial <br>risks and hazards inherent in the proposed treatment or procedures which are <br>recognized among other health care providers who perform similar treatments or <br>procedures;
(3) In an emergency situation where consent of the patient cannot reasonably be
obtained before providing health care services, there is no requirement that a health <br>care provider obtain a previous consent.
Effective: July 1, 1976 <br>History: Created 1976 Ky. Acts ch. 163, sec. 8, effective July 1, 1976.
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