about 3-4 times a year i have to bring up with my residents what informed consent is and why it is important .... and about 2 times a year i have to remind some of the power hungry policy nurses that the consent in the chart is not informed consent ... it is a form that prevents us from being sued for battery ... so i will use this a s time to educate those who are unaware of the actual legal definition of informed consent
from the actual AMA website:
http://www.ama-assn.org/ama/pub/category/4608.html
In the communications process, you, as the physician providing or performing the treatment and/or procedure (not a delegated representative), should disclose and discuss with your patient:
- The patient's diagnosis, if known;
- The nature and purpose of a proposed treatment or procedure;
- The risks and benefits of a proposed treatment or procedure;
- Alternatives (regardless of their cost or the extent to which the treatment options are covered by health insurance);
- The risks and benefits of the alternative treatment or procedure; and
- The risks and benefits of not receiving or undergoing a treatment or procedure.
In turn, your patient should have an opportunity to ask questions to elicit a better understanding of the treatment or procedure, so that he or she can make an informed decision to proceed or to refuse a particular course of medical intervention.
many people say that this is a a lot to discuss and may be in a trauma situation it is ... i do elective scoliosis surgery .... for me they 30 min preoperative discussion is extremely important ... it allows me to completely discuss all of the risks and alternatives .... we discuss hospital stay, expected outcomes, and post op follow-up ... it is not a wasted visit because a clinic visit can also be billed based on time ... so please don't take consent likely ... documentation is key ... and that generic hospital for does not cover you ...
some legal definitions:
Assault as an attempt to commit a battery.
Battery is a involves an injury or other contact upon the person of another in a manner likely to cause bodily harm.