Legal precedent?

[Propofool123]

In short, middle aged woman gets a scope by GI with propofol sedation. 8 hours later she signs a legal contract which is notarized. 3 years later she’s claiming that the contract is not valid because she had received anesthesia.

The notary (who was also a family friend) testified that they remember her not acting out of the ordinary that day.

Patient also remembers details of the encounter where the contract was signed.

Is there a legal precedent for something like this?

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[coffeebythelake]

In short, middle aged woman gets a scope by GI with propofol sedation. 8 hours later she signs a legal contract which is notarized. 3 years later she’s claiming that the contract is not valid because she had received anesthesia.

The notary (who was also a family friend) testified that they remember her not acting out of the ordinary that day.

Patient also remembers details of the encounter where the contract was signed.

Is there a legal precedent for something like this?

Not sure if there js legal precedent here. But sounds like a damn mess.. This is why we tell patients not to make any legal decisions for 24 hours after receiving anesthesia.

 

[repititionition]

Not sure if there js legal precedent here. But sounds like a damn mess.. This is why we tell patients not to make any legal decisions for 24 hours after receiving anesthesia.

when precisely are you telling patient this?

 

[coffeebythelake]

when precisely are you telling patient this?

When I explain the anesthetic for consent. I tell them no driving, nothing that requires fine motor skills, no alcohol or other sedatives, and no legal / important decisions for 24 hours.

 

[deleted126335]

In short, middle aged woman gets a scope by GI with propofol sedation. 8 hours later she signs a legal contract which is notarized. 3 years later she’s claiming that the contract is not valid because she had received anesthesia.

The notary (who was also a family friend) testified that they remember her not acting out of the ordinary that day.

Patient also remembers details of the encounter where the contract was signed.

Is there a legal precedent for something like this?

The patient is trying to weasel out of something. Who makes a decision, gets a legal contract, has it executed and notarized all on the same day after getting an anesthetic. What next? went home and traded stocks/cryptocurrencies after propofol and lost a bundle and claim that it is our fault?

 

[coffeebythelake]

Is it even valid for a family friend to serve as notary? Seems like a big red flag / potential conflict of interest

 

[repititionition]

When I explain the anesthetic for consent. I tell them no driving, nothing that requires fine motor skills, no alcohol or other sedatives, and no legal / important decisions for 24 hours.

Interesting. I should work some of this into my consent as well.

 

[nimbus]

Is it even valid for a family friend to serve as notary? Seems like a big red flag / potential conflict of interest

It’s no different than having a family friend as your doctor or plumber. A notary only confirms your identity and your signature. They don’t say anything about sobriety.

 

[Guillemot]

Sounds like bull****. Also why only after 3 years is the person trying to get out of signing the contract.


Also this is interesting:

Recovery of consciousness and cognition after general anesthesia in humans - PubMed

Understanding how the brain recovers from unconsciousness can inform neurobiological theories of consciousness and guide clinical investigation. To address this question, we conducted a multicenter study of 60 healthy humans, half of whom received general anesthesia for 3 hr and half of whom...

pubmed.ncbi.nlm.nih.gov

 

[Arch Guillotti]

When I explain the anesthetic for consent. I tell them no driving, nothing that requires fine motor skills, no alcohol or other sedatives, and no legal / important decisions for 24 hours.

I tell them nothing. The staff nurses can take care of discharge instructions.

 

[coffeebythelake]

I tell them nothing. The staff nurses can take care of discharge instructions.

maybe i'm going through too much information during my anesthesia H&P and consents?

I review NPO status for every patient even if the nurse already did so during their preop intake. I also tell women of childbearing age we use sugammadex which can interfere with hormonal contraceptives, and to use alternate means of contraception for 10 days. Etc Etc Etc

 

[okayplayer]

maybe i'm going through too much information during my anesthesia H&P and consents?

I review NPO status for every patient even if the nurse already did so during their preop intake. I also tell women of childbearing age we use sugammadex which can interfere with hormonal contraceptives, and to use alternate means of contraception for 10 days. Etc Etc Etc

Good to be that thorough but sometimes time can be an issue..