Informed Consent and Medical Negligence
Medical negligence solicitor, Samantha Robson, takes a look at the vexed issue of consent from a personal perspective
My son recently needed some fairly radical emergency treatment at a Devon hospital after an unfortunate accident on a farm. When the time came for him to be wheeled into operating theatre, I was asked to sign the inevitable consent forms. I stood there, pen in hand, whilst the gowned surgeon sharpened his tools and his team busily prepared for the operation to be performed. As a litigation solicitor specialising in clinical negligence I should have been better prepared than most, but it’s difficult to remain cool, calm and collected when it’s your own child who’s about to go under general anaesthetic. And it wasn’t made any easier by the fact that all three of my young sons have needed hospital treatment in recent years, each one requiring consent forms to be signed.
A number of my friends have asked me what sort of reaction I get from hospital staff when they find out I’m a partner in a Devon law firm specialising in medical negligence claims. The truthful answer is that I don’t actually know because I always try to avoid the question of my occupation at all costs. I don’t think it would be terribly relaxing if the surgeon knew what mum’s day job was. There is enough pressure on the medical team without them wondering what I would do if they messed up!
In reality most parents and patients sign the consent forms with barely a few moments’s thought, especially in an emergency situation, and I’m afraid to admit that on this occasion I was no different. After all, without consent being given the treatment cannot proceed and I didn’t want to do anything that might hold things up. All healthcare professionals need the patient’s consent (or if it’s a child, their parent’s consent) before they can administer treatment. Consent is normally provided verbally but when a patient needs to undergo an invasive procedure or surgery when they will be under an anaesthetic, they will be asked to provide consent in writing.
There is more time for reflection on non-emergency situations, so when the registrar or surgeon comes pays his bedside visit to go through the forms, the astute patient would be right to ask, `What does this involve? What exactly am I consenting to?’ In many instances the answer to these questions will be self apparent and the patient will have no choice in practical terms. In other cases the risks might need to be weighed more carefully before consent is given. It is so important that these issues are properly considered because if things do go wrong, the consent form is one of the documents that the lawyers will call for.
Anyone who finds themselves in hospital and requiring surgery should think carefully about the form they are presented with and the implications that a simple signature can have. The consent form should stipulate the procedure that the patient is about to undergo, who is performing it and the risks involved with the proposed operation or procedure. Patients should make sure they read the form and ask questions about what could go wrong. Unless you are absolutely certain about what is involved, don’t do as I did and just sign the form without a second thought. Nor should you be afraid to ask about the success rate of the procedure. Make sure you find out what other options are available. Question the health professional about contingencies if things don’t go to plan. What is the worst case scenario? Would you be happy for them to continue to remove your one good kidney if they messed up repairing the other one, for example?
It is important to bear in mind that if you have not been given sufficient information to provide what is termed ‘informed consent’, serious ethical issues arise. So if you find yourself in hospital and the person with consent form comes calling, don’t be tempted to pick up the pen and sign on the dotted line without proper consideration of the risks. My advice to anyone in this difficult position is to do as I say, not as I do!
Samantha Robson specialises in clinical negligence claims against hospitals and GPs. She is based at our Exeter office but frequently sees clients at our offices in North Devon (Barnstaple, Bideford, Braunton & South Molton). If you wish to discuss the issue of informed consent with Sam then please feel free to give her a call on 01392 423000 or email her at sam.robson@sleeblackwell.co.uk
