Page 21 - Part 1 Anesthesiology Common Risk Issues

SVMIC Anesthesiology: Common Risk Issues

» evaluation of neck extension

» prior anesthesia difficulty

» inquiry into the presence or absence of obstructive
sleep apnea

» dental assessment

» history of sleep apnea

Informed Consent

Let’s take a look at the specific documentation requirements

of informed consent since lack of informed consent is often an
allegation in a malpractice lawsuit. Frequently in claims where

there is a bad outcome, we find the consent process was
lacking, or at least, documentation of that process was lacking.

Plaintiff attorneys are eager to assert the old billing adage
that, “if it’s not documented, it wasn’t done.” While that is not

necessarily true, it is certainly more difficult to prove that it was
done if it wasn’t documented.

In the majority of anesthesia-related cases reviewed, lack of

informed consent was asserted by the plaintiff. Lack of informed
consent can be a sole basis for a negligence claim or can be
asserted as an additional claim in connection with 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

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