How does that argument appeal to the juries that doled out millions of dollars in CP births, when the doc did nothing wrong? It's disheartening, but, considering half of marriages end in divorce, and how many due to cheating or financial malfeasance, which both entail lying to the other party, and the appearances, no matter how much, how well, or how frequently you notify some patients, and you are wholly within the guidelines, the litigious creeps will sue if something goes wrong. "He was so thorough and clear and seemed so nice and professional, I felt intimidated into telling him that I did have a bagel before my surgery", through a raspy voice.
(The marriage reference is an extension of "all patients lie", to "all people lie".) Right now, "Perry Mason" is on the TV; the line "I didn't think it mattered" is used frequently. That is the same thing people have told me in the ED for myriad different conditions.
When I get a patient that is likely going to need Sx or sedation, I clearly tell them "don't eat anything, don't drink anything, don't put anything in your mouth, including ice chips and gum, unless we give it to you. Don't let anybody bring you anything, or say 'just a little, it won't be a problem', because it certainly COULD be a problem", I write the NPO order, and, since I can't stand at the bedside, I still worry that someone is going to get one by me.