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Re: VBAC revisited From: art fougner, md (evsono@pipeline.com) Fri Jul 4 14:24:59 2003 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Dr. Ainsworth: "Re: VBAC revisited" Previous message: art fougner, md: "Re: VBAC revisited" In reply to: DoctorJoe@aol.com: "Re: VBAC revisited" Next in thread: Betsy Hyde: "Re: VBAC revisited" Reply: Betsy Hyde: "Re: VBAC revisited" another wrinkle to the notary strategy - place a statement stating in effect..."I have read the above and have been advised of the risks and benefits by Dr.YourName. I therefore give my informed consent." signed ... HerName .... date ... Notary .... art At Fri, 4 Jul 2003, DoctorJoe@aol.com wrote: > >The strategy by the legislature in Louisiana is to make the patient's >signature on the consent form presumptive evidence that they read the form, yada, >yada, yada. That means the patient has to rebut the presumption - he has to prove >he DIDN'T really know what it said or whatever. Ball is in his court. > >Joe P. > >-- > >FYI, the text of the statute at that part is: > >A. (1) Notwithstanding any other law to the contrary, written consent to >medical treatment means a handwritten consent to any medical or surgical procedure >or course of procedures which: sets forth in general terms the nature and >purpose of the procedure or procedures, together with the known risks, if any, of >death, brain damage, quadriplegia, paraplegia, the loss or loss of function >of any organ or limb, of disfiguring scars associated with such procedure or >procedures; acknowledges that such disclosure of information has been made and >that all questions asked about the procedure or procedures have been answered >in a satisfactory manner; and is signed by the patient for whom the procedure >is to be performed, or if the patient for any reason lacks legal capacity to >consent by a person who has legal authority to consent on behalf of such patient >in such circumstances. Such consent shall be presumed to be valid and >effective, in the absence of proof that execution of the consent was induced by >misrepresentation of material facts. La. Rev. Stat. Ann. 40:1299.40(A)(1) (West >2003) (emphasis added by moi). > -- art fougner, md ich bin ein New Yorker Next message: Dr. Ainsworth: "Re: VBAC revisited" Previous message: art fougner, md: "Re: VBAC revisited" In reply to: DoctorJoe@aol.com: "Re: VBAC revisited" Next in thread: Betsy Hyde: "Re: VBAC revisited" Reply: Betsy Hyde: "Re: VBAC revisited"

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