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The Sullivan Group

  • Treatment Refusal

Surgery: Risks with Informed Consent

Obtaining the informed consent of the patient is required in all states before performing any invasive procedure that carries a material risk of harm. This is a non-delegable duty of the practitioner who is going to perform the procedure; the practitioner is ultimately responsible for ensuring the consent is valid and cannot shift liability to others. However, obtaining informed consent should not be viewed as an obstacle. Instead, it serves as a mechanism to align the expectations of both the patient and the surgeon. It is critical for the surgeon to understand the patient s expectations and reconcile them with the possible outcomes of the procedure. Misaligned expectations can lead to poor outcomes and dissatisfaction. While informed consent cannot eliminate all liability, it can protect against certain types. Claims databases, such as the National Practitioner Data Bank, often include cases where there was no negligence or misadventure but issues with consent. In this activity, we will review the key factors practitioners should consider when obtaining informed consent, including oral discussions, treatment refusal, the physician s personal characteristics, standard language in consent forms, the patient-physician relationship, and the duty to disclose alternatives. After completing this activity, practitioners should be able to: demonstrate how to perform and document the informed consent process; assess when the informed consent emergency exception applies and when it does not; determine under what circumstances an extension of surgery beyond what was originally contemplated can be done; and recognize the issues surrounding the performance of surgery on a person with whom the surgeon has an intimate relationship.

Credit & MOC Details

Credit information is provided by the course provider. We recommend confirming credit eligibility with the provider or your licensing board before starting the activity.

Credit types

AMA PRA Category 1 Credit™Up to 1 credit

MOC types

No MOC

FDA REMS

No

Qualifies for MIPS

No
  • Case-based learning
  • Credit · Up to 1 credit
  • Fee · varies
  • Released
    Jul 24, 2024
  • Last day to claim credit
    Jul 24, 2027 10 months left