Wisconsin Association for Justice: Informed consent bill would reduce physician’s responsibility to patients

FOR MORE INFORMATION CONTACT: Jason Acord, (608) 257-5741

MADISON, WI – Two Wisconsin legislative committees will hear testimony Thursday on identical bills that would significantly reduce the physician’s responsibility to inform patients of alternative medical treatment options.

Assembly Bill 139 (AB-139) the informed consent bill, will have a public hearing at 9:00 a.m. by the Assembly Committee on Judiciary, while Senate Bill 137 (SB-137) will be considered at 10:00 a.m. by the Senate Committee on Judiciary and Labor.

Jeff Pitman, President of the Wisconsin Association of Justice said, “The two proposed bills gut Wisconsin’s current informed consent law, by changing the ‘reasonable patient standard’ to a ‘reasonable physician standard.’ The bills fail to put patient knowledge and safety first and sadly will not inform patients of available alternative medical treatments and diagnoses that might save their lives. Silence is deadly for patients.”

AB-139 and SB-137 creates a situation where physicians would not be required to inform patients about alternate treatments for conditions they do not believe the patient has at the time, putting the patient at risk of being misdiagnosed. Pitman stated, “This returns Wisconsin to a paternalistic ‘Doctor Knows Best’ era and reflects a rejection of the fundamental right of self-determination which is the foundation for Wisconsin’s informed consent law.”

Pitman concluded, “Wisconsin’s informed consent law should continue to give patients the power to make their own decisions regarding their health. AB-139 and SB-137 allow physicians to withhold important information and are anti-patient and a disservice to Wisconsin citizens.”

###

The Mission of the Wisconsin Association for Justice is to promote a fair and effective justice system – one that ensures justice for all, not just a privileged few.