Informed Consent Lawsuit
October 18th, 2006I am currently on trial on an informed consent claim. My client contends that the material risks associated with the surgery were not communicated to her prior to the surgery by her doctor. The doctor contends that while she does not specifically recall disclosing the materials risks, it was her habit and custom to do so and the patient did sign multiple informed consent forms. However, the forms only state that the risks were communicated. The forms do not describe the risks. During the course of the trial, I have come to realize that it is in the patient’s best interest to request that the surgeon document the specific material risks associated with the surgery. If this is done and an unsatisfactory outcome does arrise following the surgery there will be no debate as to what if any specific material risks were communicated to the patient prior to surgery. Obviously, there will be circumstances such as in an emergency that this cannot be done. But certainly in cases where the patient is considering elective surgery, a request of the surgeon to write down the risks is reasonable and if the surgeon refuses to do so, perhaps the patient should look to another surgeon to perform the surgery.