Page 20 - 2022 Risk Basics - Anesthesiology

SVMIC Risk Basics: Anesthesiology

other alleged acts of negligence. In the event of such a claim,

thorough documentation of informed consent may very well
prove to be the defining factor of a successful defense.

Most often in cases we reviewed, the only documentation

associated with the consent process was a boiler plate hospital
surgical consent form which did not reflect the details of the

discussion during which the anesthesia providers outlined the

anesthesia risks. That made it difficult for the defense to argue
that the particular anesthesia complication had been explained

to, and was understood by, the patient prior to the procedure.

The consent discussion is the anesthesiologist’s opportunity to
provide education and build rapport. In most cases, this will be

the anesthesiologist’s only opportunity to talk with the patient,

and therefore, it is prudent for him or her to have a thorough
and meaningful discussion and to document the details of that

communication.

Informed consent is a legal and ethical obligation on the part
of the physician, but the process also presents an opportunity

to meet with the patient and family and engage them in a
discussion of the anesthesia plan. It can also help to educate

and, furthermore, alleviate the fears discussed at the beginning

of this course that most patients confess to experiencing.
Remember, it is the discussion that takes place between the

physician and the patient (or patient’s legal representative)
that constitutes the basis for the consent to be informed. The

consent form that is signed by the patient or representative is

merely evidence memorializing that the discussion took place

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