Medicolegal principles: Informed consent

Published on 07/02/2015 by admin

Filed under Anesthesiology

Last modified 07/02/2015

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Medicolegal principles: Informed consent

J. Robert Sonne, JD

Informed consent is the process of providing sufficient information to the patient or surrogate decision maker to allow that patient or surrogate decision maker to fully participate in respective decisions regarding medical care. This process includes securing authorization from the patient or surrogate decision maker for any proposed surgical or significant diagnostic treatment or procedure.

Along with the moral and ethical obligations that are involved in obtaining informed consent, there are also associated legal requirements. Various state, federal, and accreditation (e.g., Joint Commission) statutes, regulations, and guidelines govern and address the legal parameters of the informed consent process. In addition to general process requirements, legal proscriptions often dictate specific informed-consent provisions for certain treatment or diagnostic procedures (for example, HIV/AIDS testing). Investigation into specific state and federal law on informed consent is encouraged.

In situations in which patients have filed lawsuits, central questions often arise as to whether the anesthesia provider acted within the limits of the patient’s consent and whether the patient was given sufficient information to adequately consent to the proposed treatment or diagnostic procedure. Such lawsuits are generally brought under negligence or battery theories.

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