Many physicians feel that informed consent is merely a formality necessary to obtain the patient's signature on a form in order to allow a specific procedure or treatment to be performed on the patient. Rather, informed consent should be thought of as a communication process through which a patient, with the advice and support of his or her physician, makes decisions concerning the treatment he or she will receive. The process assists in developing the critical element of trust between the physician and patient, and is often the most important discussion a physician will have with his or her patient.
Patients may bring a claim or lawsuit against the hospital and/or a physician predicated solely on the allegation that they did not give their consent; this is called a battery. A second more common claim is that the consent given was not based upon proper and adequate information; this is known as a claim for "lack of informed consent." This type of claim is usually found as part of the typical malpractice or negligence action. Because of this type of potential claim, from a risk management perspective, the informed consent process plays a crucial role in minimizing the exposure of both the hospital and physicians to medical malpractice claims and lawsuits.
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