• Have a discussion and document the exchange. Although some
patients may look at informed consent as "just another form to sign,"
its purpose is to give patients an opportunity to have a conversation
about the procedure, so they can make an informed decision. Give
each patient an opportunity to ask questions, and have the surgeon
take precise notes of the exchange, including any concerns the patient
has, along with the surgeon's response to those concerns.
Alleviating tensions
If an adverse event does occur, a signed consent form may offer some
protections, legally speaking, if the patient raises a challenge to con-
sent. But some of your best protections in that kind of situation may
be the efforts you make to keep the lines of communication open.
Offer a willing ear and enable patients and their families to ask ques-
tions about what happened; your job then is to provide honest
answers in return: "This is what happened, here's what we did about it
to resolve the situation, and here's what we intend to do to make sure
something similar doesn't happen to someone else."
If there's a good relationship established between patient and
provider at the outset, it may help to alleviate tensions, and it may
even diminish the likelihood of the patient taking legal action down
the road. In many malpractice lawsuits, you tend to hear plaintiffs
offer the same kind of complaint when they are deposed: "They
wouldn't talk to me after X happened." It's this kind of anger and
offense that ultimately leads an injured party to the doorstep of a mal-
practice lawyer.
OSM
Ms. Riley (arriley@burnswhite.com) is a healthcare attorney with Burns
White Attorneys at Law in Kingston, Pa.
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