{"Health care professional":"Acupuncturist, chiropractor, dentist, emergency medical technician, midwife, nurse, optometrist, orthoptist, paramedic, pharmacist, physical therapist physician, physician assistant, podiatrist, psychologist, respiratory care practitioner"}
Emergency Law Inventory | Full Law Text

Law Number

N.J. Stat. 2A:62A-1.3(d)

Summary Title

Liability: Health Care Professional Failure to Obtain Consent

Summary

A health care professional, who, outside of their normal work duties and responsibilities, administers emergency treatment to a patient in a health care facility without first informing them of the possible consequences of the treatment, will not be held legally responsible. This provision only applies if the patient was unconscious, it was in the health care professional’s best judgment to provide treatment without waiting first informing the patient, or the patient was unable to give consent.

Full Title

Immunity from civil liability for certain health care professionals, certain situations

Full Text

d. A health care professional shall not be liable for civil damages for injury or death caused in an emergency situation occurring in the health care professional’s private practice or in a health care facility on account of a failure to inform a patient of the possible consequences of a medical procedure when the failure to inform is caused by any of the following: (1) the patient was unconscious; (2) the medical procedure was undertaken without the consent of the patient because the health care professional reasonably believed that the medical procedure should be undertaken immediately and that there was insufficient time to fully inform the patient; or (3) the medical procedure was performed on a person legally incapable of giving informed consent, and the health care professional reasonably believed that the medical procedure should be undertaken immediately and that there was insufficient time to obtain the informed consent of the person authorized to give such consent for the patient. The provisions of this subsection shall apply only to actions for damages for an injury or death arising as a result of a health care professional’s failure to inform, and not to actions for damages arising as a result of a health care professional’s negligence in rendering or failing to render treatment.