"Shared decision making" won't hold up in a malpractice claim if there's a hint of a guideline/society recommendation you may have violated. The argument is how could a patient really know the r/b/a, you're the doctor. This sort of discussion and documentation with the patient is best where society recs and guidelines are 100% equivocal or don't exist. As stated there are major societies recommending holding plavix for TFESI.
Source: emergency medicine residency, 8+ years attending experience. This sort of risk assessment and SDM is done several times each shift. I have heard too many colleague stories and read enough malpractice lawsuits that I never bank on shared decision making to save me from litigation.
Edit: I am not endorsing holding plavix but simply saying the quoted piece is absolutely not protecting you.
Please allow me to further flesh out my thoughts.
1. EM care isn’t elective. In pain medicine patients have the luxury of talking it over, getting a second opinion, thinking about it. This weighs heavily in the “a” of r/b/a.
2. I’ve been an expert on both sides for these cases and been an expert for other “hot topics” in Pain Medicine. You turn and look at the jury “Look, there’s a risk in everything. Heck, you could have gotten into a car accident today. But, you still came in. Every time we use a needle there’s a risk. If that was your mother and they couldn’t (list ADLs) then isn’t the upside worth it? Who here has seen their mother not get out of bed? Did those pills work for her?” You get the point.
3. We all know you can get sued for anything. Using chlorprep can get you sued.
4. If the patient has signed and clearly understood “I can bleed and die from this injection” then there isn’t ambiguity. This isn’t EM where there tend to be more in depth analysis. Heck put that in all capital letters, in bold, and underline it. Looks great in the court.
5. Your care has to be strong. Again, this is the “a” in r/b/a. If they’ve failed PT, multiple NSAIDs, a MDP, gp, tramadol etc then the jury will ultimately say “geez what else is there?” If you say “another option is surgery - do you want to speak with a surgeon?” or “could you just live with this” and they say no both then you’ve thoroughly exhausted all alternatives.
6. I agree like you said you cannot simply write in your note that you discussed rba. You cannot merely click off a box. This is not informed consent.
7. Fun fact - I have been part of one case where actually doing legitimate informed consent can cause harm to the patient and thus is *not* the recommended course because like you said the patient lacks the training and ability comprehend everything.
8. Speaking of “you could be sued for anything” here’s something to chew on - the government has spent a lot of money training us. We all make terrific money. Now imagine with that skill set you won’t provide a service to someone because YOUR license is at risk (due to your perception) and not due to their pain and suffering. I get it, it is your license. And I agree we hold agency. No one should force us to do anything. However, the public *may* not look favorably upon someone trained to do something who failed to do it. Imagine if fire fighters didn’t run into a burning house or if a cop didn’t stop a robbery. The optics are terrible. Public opinion and optics influence courts not just repeating conflicting guidelines. We have to view it as the jury would view it not with our physician lens.
9. Guidelines do just that - guide. Physicians are licensed to practice the art and science of medicine. We all know contraindications can be relative or absolute.