A consent in writing to any medical or surgical procedure or course of procedures in patient
care which meets the requirements of this section shall create a presumption that informed
consent was given. A consent in writing meets the requirements of this section if it:
1. 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, or disfiguring scars associated with such
procedure or procedures, with the probability of each such risk if reasonably determinable.
2. Acknowledges that the disclosure of that information has been made and that all
questions asked about the procedure or procedures have been answered in a satisfactory
manner.
3. 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, is signed by a person who has legal authority to
consent on behalf of that patient in those circumstances.
[C77, 79, 81, §147.137]\n\nTue Dec 09 22:26:19 2025 Iowa Code 2026, Chapter 147 (85, 1)
37 GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS, §147.140
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Notes of Decisions
Pamela Plowman & Jeremy Plowman v. Fort Madison Cmty. Hosp., Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Ctr., & Fort Madison Physicians & Surgeons, 896 N.W.2d 393 (Iowa 2017).
· cites it 6× “Iowa Code section 147.137 (2017) codifies a presumption of informed consent when a patient receives in writing the risks “of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, or disfiguring scars associated with such procedure.”
Robert L. Petty v. United States, 740 F.2d 1428 (8th Cir. 1984).
· cites it 2× “' Although “seriously questioning” the applicability of Iowa's Informed Consent Statute, Iowa Code § 147.137 (1975), 4 the district court found that the statutory prerequisites to a presumption of informed consent were not satisfied; therefore, the statutory presumption could…”
Hagen v. Siouxland Obstetrics & Gynecology, P.C., 964 F. Supp. 2d 951 (N.D. Iowa 2013).
· cites it 2× “7(7) (requiring doctors to provide a patient with a copy of their medical records upon request); Iowa Code § 147.137 (detailing requirements of a patient’s written informed consent, which include a number of disclosures related to the risks of medical procedures).”
Petty v. United States, 536 F. Supp. 860 (N.D. Iowa 1980).
· cites it 2× “Iowa Code (1979) § 147.137 provides: 147.”
Brazzell v. United States, 633 F. Supp. 62 (N.D. Iowa 1985).
· cites it 9× “Iowa Code § 147.137 provides that a consent in writing shall create a presumption that informed consent was given if it, among other things, “sets forth in general terms the nature and purpose of the procedure or procedures, together with the known risks, if any, of death, brain…”
Zaw v. Birusingh (Iowa Ct. App. 2021).
· cites it 4× “Birusingh was entitled under Iowa Code section 147.137 (2017); the jury should not have been instructed on a negligent-communication claim as any such claim was subsumed by the informed-consent claim; and even if the negligent-communication claim was a separate claim than…”
Amended August 8, 2017 Pamela Plowman & Jeremy Plowman v. Fort Madison Cmty. Hosp., Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Ctr., & Fort Madison Physicians & Surgeons (Iowa 2017).
· cites it 3× “Iowa Code section 147.137 (2017) codifies a presumption of informed consent when a patient receives in writing the risks “of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, or disfiguring scars associated with such procedure.”
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