Consent Forms

In the last several articles we have discussed the physician's responsibility with regard to obtaining the informed consent of his patient. In general terms, he is required to provide his patient with information that can be subdivided into six separate topics. These include:

1. The nature of the illness;
    
2. The purpose of the procedure;
    
3. The alternative forms of therapy;
    
4. The risks of the recommended procedure;
    
5. The risks of the alternative procedures;
    
6. The risks of not undergoing therapy for the illness.

Unfortunately, even if the physician has provided the appropriate information to the patient, he may still have difficulty in subsequent litigation if he is unable to substantiate the conversation. For this reason, most physicians and hospitals utilize written consent forms that are signed by the patient or their representatives.

There are basically two types of consent forms that are in current use. The first of these is an abbreviated form which simply refers to the fact that the patient has been provided the relevant information without itemizing or paraphrasing the information provided. The second is more complete in that it actually contains references to the specific medical information hemorrhage that the patient received. In most instances, the second and more complete form provides the physician with a greater degree of protection.

Finally, a question often arises as to who should provide the information to the patient and how the form should be signed. The physician should, in all instances, provide the relevant information to the patient. To delegate this responsibility to another who may be less qualified and unable to answer detailed questions, only encourages difficulty. It is not necessary that the physician be present when the form is actually signed. He should, however, review the form subsequent to it being signed and initial the same. By adopting this procedure, he will be able to later testify that it is his routine to review all such forms for completeness prior to undertaking any medical procedure.