Patient Consent Rights in Texas

Texas takes a unique approach to informed consent through its Medical Disclosure Panel. This panel, appointed by the governor, maintains two lists that define disclosure requirements for medical procedures.

List A includes procedures where the panel has defined specific risks that must be disclosed. If your procedure is on List A, your doctor is legally required to inform you of every risk the panel has identified. List B includes procedures where the panel has not defined specific risks. For these, your doctor uses professional judgment to decide what to share.

This system means your consent experience in Texas can vary depending on which list your procedure falls under. For List A procedures, the consent form tends to be more standardized and thorough. For List B, it depends more on your individual doctor.

Texas also has strong advance directive protections. Your living will and medical power of attorney are legally recognized and take precedence over consent forms if you become incapacitated. This means the person you designate can make decisions on your behalf, and your previously expressed wishes must be honored.

If you are asked to sign an arbitration agreement alongside your consent form, know that Texas does not require you to agree to arbitration as a condition of receiving care. You can decline the arbitration agreement and still receive treatment.