Risk Management FAQ's

The issue is probably more one of informed consent than general consent. There is nothing in Georgia law that specifically requires the parent/guardian to be present at the time of examination to give general consent. While written general consent is preferable (and is generally the standard), previously granted written general consent and even verbal general consent can work in certain cases. However, if the physician is going to initiate or propose a treatment or procedure that involves a material risk to the patient, then informed consent is necessary. Given the informed consent requirements of OCGA 31-9-6.1 and the Ketchup v. Howard case, it may be practically impossible to obtain valid informed consent of the parent/guardian in all cases if they are not present (even when faxed forms are utilized). The medical practice should obtain legal advice from a licensed attorney to develop appropriate policies and procedures to effectively deal with this situation. Additionally, be aware that consent is implied when emergency care is required. Emergency care is defined as care without which death or worsening of condition will occur with the potential of lasting consequences.

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