Guam § 11104 - Consent to Surgical or Medical Procedures.

§ 11104. Consent to Surgical or Medical Procedures.

The written consent to a surgical or medical procedure, where the

conditions set out in Subsections (a), (b) and (c) below are met, on a course

of procedures, shall be presumed to be valid and effective, in the absence of

proof by a preponderance of the evidence that the person who sought such

consent was not acting in good faith, or that the execution of the consent

was induced by fraudulent misrepresentations of material facts, or that the

person executing said consent was unable to communicate effectively in the

English language or any other language in which the consent is written.

(a) The consent sets forth in general terms the nature and purpose of

the procedures, together with the known risks, if any, of death, brain

damage, quadriplegia, paraplegia, the loss of function of any organ or limb

or disfiguring scars associated with such procedure or procedures, with the

probability of each such risk if reasonably determinable.

(b) The person making the consent acknowledges that such disclosure

of information has been made and that all questions asked about the

procedure or procedures have been answered in a satisfactory manner.

(c) The consent is signed by the patient for whom the procedure is to

be performed, or, if the patient for any reason including, but not limited to,

competence, infancy or the fact that, at the latest time that the consent is

needed, the patient is under the influence of alcohol, hallucinogens or drugs,

lacks legal capacity to consent, by a person who has legal authority to

consent on behalf of such patient in such circumstances.

COL061308

Except as herein provided, no evidence shall be admissible to impeach,

modify or limit the authorization for performance of the procedure or

procedures set forth in such written consent. This Section shall not effect a

physician's right to obtain the oral or implied consent of a patient to a

medical procedure.