The duty is not eliminated, lessened, or spread by having the hospital nurse secure the patient's consent before surgery ( 8). The treating physician's duty to obtain a patient's informed consent cannot be delegated ( 8). Hospitals, nurses, surgical assistants, and referring physicians do not owe this duty to their patients ( 7). The duty to obtain a patient's consent for treatment rests on the patient's treating physician ( 6). Further, documentation will provide counsel with beneficial information to be used during the litigation process if a claim is filed and pursued. The small extra effort needed to perform and document this function adequately will pay off greatly if a physician's care is reviewed to investigate a potential suit. A failure to do so can result in additional claims or complicate the defense of a case in litigation. Given that informed consent can be so far-reaching, physicians should treat this facet of care seriously in terms of their efforts and documentation.
The informed consent process, and the information conveyed therein, can play a significant role in cases that involve surgical claims, claims related to complications from procedures, claims where an election of treatment or alternative modes of treatment for a specific condition are at issue, and claims focusing on the physician's attention to detail in providing care and treatment to patients. While a claim based on informed consent focuses on whether or not the health care provider advised the patient of the risks and hazards of a particular treatment or procedure, the significance of the informed consent process in health care liability claims is not limited solely to claims that involve an alleged failure to advise a patient of such risks and hazards. Under Texas law, “informed consent” describes the physician's duty to disclose to the patient the risks and hazards of medical care that would influence a reasonable person's decision to give or withhold consent to that treatment ( 5). This statutory scheme governs informed consent claims. In 1977, the duty to obtain a patient's informed consent was codified in statute ( 5). In Texas, the physician is required to make reasonable disclosure of the risks of medical treatment and must secure the authority or consent of the patient to legally perform a medical procedure ( 4). Because patients are entitled to this information, physicians have a duty to make reasonable disclosures to their patients about the risks associated with proposed treatment ( 3). To exercise this right, the patient is entitled to information of a sufficient nature to allow him or her to make an informed decision on whether or not to consent or refuse treatment ( 2).
The doctrine of informed consent is based upon the right of every individual to determine what shall be done to his or her body in connection with medical treatment ( 1). The quiz, evaluation form, and certification appear on pp. This page also provides important information on method of physician participation, estimated time to complete the educational activity, medium used for instruction, date of release, and expiration. Thornton has no significant financial relationships to disclose.īefore beginning this activity, please read the instructions for CME on p. Thornton, JD, is an attorney specializing in defending medical malpractice suits.