Medical Facility Allegedly Violates Informed Consent Laws

ByWendy Ketner, M.D.

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Updated onMarch 26, 2019

Medical Facility Allegedly Violates Informed Consent Laws

This case involves a medical ethics dispute between a hospital and a plaintiff outpatient rehabilitation facility. The defendant hospital entered into a kickback agreement whereby the defendant’s physicians agreed to send all rehabilitation patients to a facility other than the plaintiffs. The other rehabilitation facility was farther away from the hospital than the plaintiff by 25 miles and was smaller in size.

Contrary to the doctrine of informed consent, the defendant doctors refused to tell patients that plaintiff institution was an option for transfer and actively prevented patients from being transferred to the plaintiff facility even though the smaller rehabilitation facility did not have the resources to keep up with the patients being referred to it. It was alleged that a significant percentage of the patients that were referred to the smaller rehabilitation facility would have chosen the plaintiff facility if they had been told of their options, as required by the law.

Questions to the Informed Consent expert and their responses

Q1

Please describe your experience in medical ethics.

I am an expert on legal and ethical issues in medicine. I hold two board certifications and I frequently serve as a media commentator on medical issues. I have served as an expert witness on medical ethics issues for the past 35 years and have reviewed a few cases concerning informed consent.

Q2

What information must be shared with a patient before they are transferred to another facility?

The question of whether patients need to be told about all referral options prior to a referral being made is complicated. Much hinges on the comparability of the facilities. If there are substantial differences in the facilities that would have made a material difference to the patient, then patients should absolutely be told why a recommendation for a transfer is being made. Of course, patients have the final say.

About the author

Wendy Ketner, M.D.

Wendy Ketner, M.D.

Dr. Wendy Ketner is a distinguished medical professional with a comprehensive background in surgery and medical research. Currently serving as the Senior Vice President of Medical Affairs at the Expert Institute, she plays a pivotal role in overseeing the organization's most important client relationships. Dr. Ketner's extensive surgical training was completed at Mount Sinai Beth Israel, where she gained hands-on experience in various general surgery procedures, including hernia repairs, cholecystectomies, appendectomies, mastectomies for breast cancer, breast reconstruction, surgical oncology, vascular surgery, and colorectal surgery. She also provided care in the surgical intensive care unit.

Her research interests have focused on post-mastectomy reconstruction and the surgical treatment of gastric cancer, including co-authoring a textbook chapter on the subject. Additionally, she has contributed to research on the percutaneous delivery of stem cells following myocardial infarction.

Dr. Ketner's educational background includes a Bachelor's degree from Yale University in Latin American Studies and a Doctor of Medicine (M.D.) from SUNY Downstate College of Medicine. Moreover, she is a member of the Board of Advisors for Opollo Technologies, a fintech healthcare AI company, contributing her medical expertise to enhance healthcare technology solutions. Her role at Expert Institute involves leveraging her medical knowledge to provide insights into legal cases, underscoring her unique blend of medical and legal acumen.

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