Patient Consent Rights in Pennsylvania

Pennsylvania's consent law is shaped by the MCARE Act, which requires physicians to describe the procedure, its risks, alternatives, and expected outcomes. Consent must be documented in writing.

A significant development came in 2017 with Shinal v. Toms, where the Pennsylvania Supreme Court ruled that only the physician performing a procedure can obtain informed consent — it cannot be delegated to a nurse or assistant. While Act 61 of 2021 modified this somewhat, the principle remains that consent conversations should involve the treating physician.

Pennsylvania also guarantees your right to seek a second opinion before any elective procedure, and your insurance must cover second opinion consultations. This is particularly valuable when facing major surgery or complex treatment decisions.

If you're signing a consent form in Pennsylvania, pay attention to who is presenting it to you. The physician performing your procedure should be the one explaining risks and answering your questions, not administrative staff.