2015 Kentucky Revised Statutes
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304.40-320 Informed consent -- When deemed given.
In any action brought for treating, examining, or operating on a claimant wherein the
claimant's informed consent is an element, the claimant's informed consent shall be
deemed to have been given where:
(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
accepted standard of medical or dental practice among members of the profession
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
medically or dentally acceptable alternative procedures or treatments and substantial
risks and hazards inherent in the proposed treatment or procedures which are
recognized among other health care providers who perform similar treatments or
(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
care provider obtain a previous consent.
Effective: July 1, 1976
History: Created 1976 Ky. Acts ch. 163, sec. 8, effective July 1, 1976.
CHAPTER 304 - INSURANCE CODE
Subtitle 40 - Health Care Malpractice Insurance
40.40-320 Informed consent -- When deemed given.
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