OSE_1311_part1_Layout 1 11/6/13 8:56 AM Page 29
MEDICAL MALPRACTICE
If and when an informed consent case reaches trial, chances are
good that the patient will have convinced himself that the complication he had to deal with was never disclosed to him before the surgery, regardless of whether that's true. However, if the consent form
he signed specifically acknowledges that he was told of the risk of
perforation at the time of a colonoscopy, for example, it will be difficult for him to find a lawyer and an expert witness who can support
his claim.
Even if an explicit consent form isn't perfect, if it mentions risks far
worse than the one that actually occurred, you can make the argument that the patient who accepted a risk of paralysis or death would
certainly have accepted the risk of an unsightly scar on her abdomen.
Every practitioner who's been involved in litigation over informed
consent would probably agree that all reasonable efforts to prevent such a claim in the
future are worthwhile, including taking the
time and trouble to craft explicit and specific
informed consent forms. OSM
Mr. Lyddane (lyddaj@mcb law.com) is a partner
in the law firm of Martin Clearwater & Bell in
New York, N.Y.
SIMPLE.
SMART.
SECURE.
A web-based regulatory compliance
document management system
designed for the healthcare industry.
Designed By ASC Administrators
Approved By ASC Surveyors
Tested By ASC Management Companies
N O V E M B E R 2013 | 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
2 9
