Re: Interesting case - with questions!

From: ainsron@msn.com
Wed Feb 21 10:47:40 2001


At Wed, 21 Feb 2001, Richard Chudacoff, MD wrote: >
>Why don't you add to your consent, 'Other, as indicated' at the end of the
>intended procedure? I usually do, just to allow this type of latitude when
>presented with the unexpected.

I can't see that adding this statement to the consent protects you in any way. The fact that a patient has allowed us to take them to the operating room gives the implied consent of "other, as indicated." If you do what you consider to be the appropriate procedure for the patient, even though it is not the procedure you thought you were going to do and received consent for and they sue you later for battery because it wasn't discussed preoperatively, you'll have your day in court irregardless how ambiguous your consent is. Reasonable patients are not going to object to a physician doing what is reasonable to the physician, if they have trust in his judgement and it is explained properly. The unreasonable patient or the injured patient is never going to be satisified by retroactive explanations, no matter how well intentioned the action was.

--
Ronald E. Ainsworth, MD




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