Abstract
Surgeries are a common practice globally, with 51.4 million procedures performed in the United States alone. [1] Going in for a procedure typically has a variety of risks involved such as shock, wound infection, or a bad reaction to anesthesia. [2] However, a risk no patient should have to consider is the risk of an alternative exam being performed on them without their knowledge or consent during surgery. Yet, there is no federal statute preventing this practice. Rather, in 34% of US states, doctors do not need their patient’s consent to have medical students and other doctors perform invasive exams on said patients while they are anesthetized.[3] Even in the states that do have laws protecting patients, not all statutes are created equal. [4]
Under federal law, patients have the right to be involved in their care, planning, and treatment, including the ability to request or refuse treatment. They also have the right to be free from all forms of abuse or harassment. [5] Invasive examinations like pelvic exams on anesthetized patients without their informed consent goes against the federally protected right of each of these patients. The lack of protection against these teaching methods dehumanizes patients and should be addressed uniformly across state lines. This article will explore how this invasive practice contradicts proper patient care and will examine the state laws enacted to regulate it.
Recommended Citation
Eva Zagarzhevskaya,
Uninformed Consent: Legal Failures in the Treatment of Female Patients,
27
DePaul J. Health Care L.
(2026)
Available at:
https://via.library.depaul.edu/jhcl/vol27/iss1/5