It was recently ruled in: Pennsylvania Supreme Court Rules that Only Physicians - Not Their Staff - Can Obtain Informed Consent, the Pennsylvania Supreme Court ruled that only physicians are allowed to obtain consent from a patient, not any of their staff. I have thought long and hard about this decision from the Pennsylvania Supreme Court. As a physician assistant (PA) major, I've come to the conclusion that this decision is not in the best interest for the future of the profession, or for physicians overall.
In the article mentioned above, there was a case within the past year between a PA and a patient. The patient claimed that she signed the consent form in the pre-operation appointment, but she wasn't aware of the risks following the operation. She claimed that if she was aware, she would've taken a "less-risky procedure."
First off, the PA is not in the wrong here. When a patient signs the consent forms, all of the potential risks are stated within the text. According to the Pennsylvania State law about consent, all potential risks and other procedures the medical staff may have to perform must be listed before the operation takes place. For example, if the patient is having part of their thyroid removed, and the physician finds a mass on the other half and decides to remove it to test it this would be listed in the consent forms.
There could've been many different and more effective approaches to solve this case. For instance, instead of completely eliminating the duties of PAs and CRNPs, the physician could have been present in the pre-operation appointment as a preventative measure. In any instance, the patient has to see the physician at least once, and this way, the patient can have the reassurance by asking any questions.
This case has officially affected medical staff from giving the best care to every individual patient we have. Simply, there is NOT enough time in a day for physicians to be with every individual patient. As a PA student, this is directly affecting me and my future care to patients. In Pennsylvania, I am not allowed to receive consent from patients before medical procedures. It doesn't matter who gives the papers to you. As a patient, it is your responsibility to ask us questions or raise any concerns BEFORE signing the consent papers. We provide this appointment for you for a reason. You sign these papers because you trust us as medical professionals to assist you, and we trust that you will advocate for yourself, so we can avoid the entire litigation process.
In hospitals, there are simply not enough physicians, PAs, CRNPs, or nurses overall. By implementing this new law, Pennsylvania is simply making the health care field exponentially more difficult.
As PAs, we want guidance and help in our care. By no means am I say that I want to be able to practice on my own. I want to work together as a team with physicians, CRNPs, and nurses to provide the absolute best care possible for each patient. This law is preventing teamwork, and overall, your future health care experience.
At this point, PAs, CRNPs, or any other team member of the physician are not allowed to do their jobs, and the physician's jobs are more difficult due to even more time constraints. We pay hundreds of thousands of dollars to attend universities to be able to perform medical procedures in the most caring, efficient way as possible. With our priveledges being stripped away from us in Pennsylvania, these individuals have just contributed to everyone's own medical malpractice.
As a future PA, I can only hope that other states don't follow the path of Pennsylvania's health care decisions.
