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HD 271

An Act relative to informed consent for concurrent surgical procedures

194th Legislature (2025-2026) Introduced by Kim Ferguson and 6 co-sponsors

Massachusetts bill mandates explicit informed consent for each concurrent surgery performed simultaneously, ensuring patients knowingly approve all procedures before operation.

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Bill Summary · HD 271

Legislative bill overview

HD 271 requires physicians to obtain explicit informed consent from patients before performing concurrent surgical procedures—meaning multiple surgeries during a single operation. Currently, Massachusetts law does not specifically mandate separate consent documentation for each additional procedure performed at the same time. This bill would establish a clear legal requirement for doctors to disclose and discuss each procedure individually with patients before proceeding.

Why is this important

Patients may not fully understand the scope, risks, and recovery implications of having multiple surgeries simultaneously versus staged procedures. Without explicit informed consent requirements, patients could unknowingly undergo additional procedures they might have declined if given the choice. This protects patient autonomy and reduces potential legal disputes over whether patients truly agreed to the full surgical plan.

Potential points of contention

  • Medical efficiency vs. patient choice: Physicians may argue that concurrent procedures reduce anesthesia exposure and recovery time, but requiring separate consent discussions could discourage patients from accepting medically beneficial combined procedures
  • Implementation burden: Defining what constitutes a "concurrent" procedure versus routine steps of a single surgery could create administrative complexity and potential liability disputes
  • Consent documentation standards: The bill may lack specifics on how detailed consent must be, who must obtain it, and what documentation satisfies legal requirements, creating ambiguity for both providers and patients

Compiled from official sources — confirm details with the bill’s official record.

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