von Briesen Health Law Blog

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July 28, 2009

Wisconsin Supreme Court Reaffirms The Informed Consent Requirements Under Wis. Stats. Sec. 448.30

Filed under: Patient Care Issuesvon Briesen @ 12:30 pm

In its July 24, 2009 decision in Bubb v. Brusky, the Supreme Court (6-0) ruled that Wisconsin’s informed consent statute requires physicians to inform patients about the availability of all alternate, viable medical options for treatment and diagnosis. Physicians must also explain the benefits and risks associated with each treatment option. The Supreme Court also reaffirmed that the exceptions to the disclosure requirements remain and thus, there is not an unreasonable burden on physicians to inform patients in accordance with the statute.