NRS
41A.110 Consent of patient: When conclusively established. Except as otherwise provided in subsection 3
of
NRS 442.253, a physician licensed to
practice medicine under the provisions of
chapter
630 or
633 of NRS, or a dentist licensed
to practice dentistry under the provisions of
chapter
631 of NRS, has conclusively obtained the consent of a patient for a
medical, surgical or dental procedure, as appropriate, if the physician or
dentist has done the following:
1. Explained to the patient in general
terms, without specific details, the procedure to be undertaken;
2. Explained to the patient alternative
methods of treatment, if any, and their general nature;
3. Explained to the patient that there may
be risks, together with the general nature and extent of the risks involved,
without enumerating such risks; and
4. Obtained the signature of the patient
to a statement containing an explanation of the procedure, alternative methods
of treatment and risks involved, as provided in this section.
(Added to NRS by 1975,
408; A 1997,
1219; 1999,
5; 2007,
273; 2019,
1504)
Notes of Decisions
Cited in
5
cases, 1991–2016 · leading case:
Smith v. Cotter, 810 P.2d 1204 (Nev. 1991).
Smith v. Cotter, 810 P.2d 1204 (Nev. 1991).
· cites it 3× “2 ” On its face, NRS 41A.110 requires nothing of a doctor.”
Allan v. Levy, 846 P.2d 274 (Nev. 1993).
· cites it 5× “Specifically, Allan argues that the Washoe Medical Center “CONSENT *49 TO SURGERY” form did not meet, as a matter of law, the requirements of conclusivity established by NRS 41A.110 upon which instruction number 26 was based.”
— Nev. Rev. Stat. § 41A.110(4) — 1 case
Allan v. Levy, 846 P.2d 274 (Nev. 1993).
“Specifically, Allan argues that the Washoe Medical Center “CONSENT *49 TO SURGERY” form did not meet, as a matter of law, the requirements of conclusivity established by NRS 41A.110 upon which instruction number 26 was based.”
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