Attorney David Gray On Kentucky’s Informed Consent Laws

On September 17, 2019, David Gray argued before the Kentucky Court of Appeals to preserve the rights of clients who were misled during the informed consent process upon entering a clinical trial related to a kidney transplant. The trial court in Jefferson County dismissed the clients’ claims because they signed a 16 page consent form. However, under Kentucky law a mere signature on a consent form is not enough. Kentucky law requires that the “process” and the “discussion” are the elements to be considered and not just the “signature”. Kentucky law requires that those who consent to a medical treatment be given the information by the health care provider such that a reasonable individual under the circumstances would have a general understanding of the procedure and acceptable alternative procedures or treatments AND substantial risks and hazards inherent in the proposed treatment or procedures which are recognized among other health care providers. Ultimately, Mr. Gray argued to the Court that this determination is the responsibility of the jury and not a judge to determine summarily. Patient safety is paramount in any medical setting and it all begins with the informed consent phase which is often overlooked or taken for granted.