Washington § 7.70.050 - Failure to secure informed consent — Necessary elements of proof — Emergency situations.

Full text of Washington Revised Code of Washington § 7.70.050 — Failure to secure informed consent — Necessary elements of proof — Emergency situations., with citation guidance and answers to common questions.

§ 7.70.050. Failure to secure informed consent — Necessary elements of proof — Emergency situations.

(1) The following shall be necessary elements of proof that injury resulted from health care in a civil negligence case or arbitration involving the issue of the alleged breach of the duty to secure an informed consent by a patient or his or her representatives against a health care provider:
(a) That the health care provider failed to inform the patient of a material fact or facts relating to the treatment;
(b) That the patient consented to the treatment without being aware of or fully informed of such material fact or facts;
(c) That a reasonably prudent patient under similar circumstances would not have consented to the treatment if informed of such material fact or facts;
(d) That the treatment in question proximately caused injury to the patient.
(2) Under the provisions of this section a fact is defined as or considered to be a material fact, if a reasonably prudent person in the position of the patient or his or her representative would attach significance to it deciding whether or not to submit to the proposed treatment.
(3) Material facts under the provisions of this section which must be established by expert testimony shall be either:
(a) The nature and character of the treatment proposed and administered;
(b) The anticipated results of the treatment proposed and administered;
(c) The recognized possible alternative forms of treatment; or
(d) The recognized serious possible risks, complications, and anticipated benefits involved in the treatment administered and in the recognized possible alternative forms of treatment, including nontreatment.
(4) If a recognized health care emergency exists and the patient does not have the capacity to give an informed consent and/or a person legally authorized to consent on behalf of the patient is not readily available, his or her consent to required treatment will be implied.
[ 2021 c 270 s 2; 2011 c 336 s 252; 1975-'76 2nd ex.s. c 56 s 10.]

Notes

Effective date—2021 c 270: See note following RCW 7.70.065.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 7.70.050

What does Revised Code of Washington § 7.70.050 cover?

Section 7.70.050 ("Failure to secure informed consent — Necessary elements of proof — Emergency situations.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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A common citation format is "Revised Code of Washington § 7.70.050" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

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Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

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