By Thebe Matlhaku
Informed consent is paramount for many stakeholders in the medical fraternity and is not only critical in practice, but failure to obtain such consent before any treatment or medical procedure could have drastic ramifications.
Earlier this year, a Canadian court ordered three doctors to pay a patient $8.5 million after a procedure left them partially paralysed. The court ruled that the doctors failed to inform the patient of the risks, violating their right to make an informed decision.
A woman in the USA is suing her doctor for performing a medical procedure without her consent. The doctor claims she did sign the consent form, but the courts have ruled that just signing is not enough; patients must be informed of the risks and understand their decisions.
Informed consent is essential, as healthcare providers must inform patients about risks, benefits, and alternatives. This practice can help reduce medical malpractice claims. Failure to obtain informed consent carries financial, ethical, and reputational consequences for healthcare providers.
For example, a healthcare provider’s failure to obtain informed consent can result in a medical malpractice claim. If a patient is harmed during a procedure they didn’t fully understand, they may argue that the provider did not uphold the standard of care. Informed consent is a necessary duty for health professionals, and breaching this duty can lead to liability and compensation for the patient.
Additionally, patients trust healthcare providers’ knowledge and skills. A failure to obtain informed consent may erode this trust, preventing patients from fully disclosing their concerns, which may hamper the standard of care.
Healthcare providers must register with and follow the standards of regulatory bodies like the Health Professions Council of South Africa (HPCSA). Not obtaining informed consent can breach these standards, leading to disciplinary actions and damaging the provider’s reputation.
Uniformed patients may make decisions against their values, leading to negative health outcomes. Ultimately, hospitals and clinics may be liable for their staff’s actions. Inadequate informed consent can result in increased scrutiny, higher insurance costs and potential penalties.
Healthcare providers must use clear, simple language to explain the purpose, risks, benefits and alternatives of any medical procedure to obtain informed consent from patients before treatment.
Healthcare workers also need to gauge patients’ depth of knowledge and smooth over any misconceptions. Ideally, medical professionals should provide patients with written information about procedures or treatments, ensuring that this information is also communicated verbally.
Medical practitioners should foster trust and full disclosure, encouraging patients to ask questions and assessing their understanding. If capacity is in doubt, they should consult a family member or legal representative.
Healthcare providers must keep records of all patient interactions, giving them adequate time to make a consent decision without pressure. Any changes to medical procedures or treatment must be fully disclosed to the patient to keep them informed.
Informed consent is crucial in medical practice, as failure to obtain it can result in malpractice claims. Healthcare providers must understand these requirements and uphold standards set by regulatory authorities. Obtaining informed consent benefits both medical professionals and all stakeholders in healthcare.
