§ 24 §2905-2 — Informed consent to health care treatment

1.
Disallowance of recovery on grounds of lack of informed consent.
Recovery is not allowed against any physician, physician associate, podiatrist, dentist or health care provider upon the grounds that the health care treatment was rendered without the informed consent of the patient or the patient's spouse, parent, guardian, nearest relative or other person authorized to give consent for the patient when:
2.
Presumption of validity of written consent; rebuttal.
A consent which is evidenced in writing and which meets the foregoing standards, and which is signed by the patient or other authorized person, shall be presumed to be a valid consent. This presumption, however, may be subject to rebuttal only upon proof that such consent was obtained through fraud, deception or misrepresentation of material fact.
3.
Mental and physical competency.
A valid consent is one which is given by a person who, under all the surrounding circumstances, is mentally and physically competent to give consent.

Legislative History

PL 1977, c. 492, §3 (NEW). PL 1989, c. 74, §2 (AMD). PL 1991, c. 217 (AMD). PL 2013, c. 355, §4 (AMD). PL 2025, c. 316, §3 (REV).