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MEDICAL MALPRACTICE
John L.A. Lyddane, JD
How Specific Is Your Informed Consent Form?
It doesn't have to all-inclusive, but it should be somewhat specific.
Y
ou
can't
warn
patients
about every
conceivable
risk related
to surgery,
but the good
news is no
one expects
you to. The
SPECIFICITY IS A SAFEGUARD, NOT A TRAP A more-explicit
general rule
informed consent form can reduce your malpractice risk.
when it
comes to informed consent is that practitioners need to explain to
their patients all reasonably foreseeable risks and benefits.
That's an important distinction and one to consider if you're among
the many who fear that a consent form that specifies any risks has to
be all-inclusive — which is, of course, impossible. It's also unnecessary. The fact is, you don't have to fear specificity, and the trend
toward more-explicit consent forms is reducing malpractice cases. In
fact, surgeons who've had to defend informed consent cases usually
learn an important lesson and respond by developing more explicit
forms. Why wait for it to happen to you when you can learn from their
experience?
Memories fail
Sure, it's easier to use single generic consent forms with blanks that
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O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E | N O V E M B E R 2013
