KRS 304.40-320: Informed consent -- When deemed given.

In any action brought for treating, examining, or operating on a claimant wherein the

claimant's informed consent is an element, the claimant's informed consent shall be

deemed to have been given where:

(1) The action of the health care provider in obtain ing the consent of the patient or

another person authorized to give consent for the patient was in accordance with the

accepted standard of medical or dental practice among members of the profession

with similar training and experience; and

(2) A reasonable individual, from the information provided by the health care provider

under the circumstances, would have a general understanding of the procedure and

medically or dentally acceptable alternative procedures or treatments and substantial

risks and hazard s inherent in the proposed treatment or procedures which are

recognized among other health care providers who perform similar treatments or

procedures;

(3) In an emergency situation where consent of the patient cannot reasonably be

obtained before providing health care services, there is no requirement that a health

care provider obtain a previous consent.