Page 23 - OB Risks - Delivering the Goods (Part One)

SVMIC Obstetrics Risks: Delivering the Goods

Document all details which took place during the informed
consent discussion instead of relying on hospital consent

forms. Hospital consent forms may be
generic in nature and often do not provide
the opportunity to elaborate in detail

REGARDING the discussion that took place.

In the majority of cases we reviewed, the only documentation

associated with the consent process was a boilerplate hospital
consent form. Because it was generic and without individual

content, the consent form failed to reflect the details of the
discussion between the physician and patient. In the absence

of detailed informed consent notes, it can be very difficult for a
physician to prove that a potential complication was adequately

explained and understood by the patient prior to the procedure.
Without an adequate explanation and demonstration of the

patient’s understanding, a physician’s defense may be crippled,
and indeed, fatally impacted. 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 and the patient or representative
understood the information discussed.

Since lack of informed consent is often an allegation in

a malpractice lawsuit, an examination of the specific
documentation requirements of informed consent is justified.

Frequently in claims where there is a bad outcome, we find
the consent process lacking, or at least the documentation of

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