Personal Injury Law

Process of getting informed consent seen as "haphazard at best."

By Hurley, McKenna & Mertz

As a medical malpractice lawyer, I am disappointed that many young doctors are not being trained to obtain adequate informed consent. Informed consent is a necessary part of every medical procedure, and every patient should make sure they are aware of the potential benefits and risks of any procedure.

In the New York Times? (7/30) Doctor and Patient column, Pauline W. Chen, MD, wrote, "while studies on informed consent have historically concentrated on the legal and ethical implications," recent work "represents an emerging research focus that in many ways reflects larger changes in the consent process itself."

She noted that this trend shows "how our ideal of the patient-doctor relationship has over time evolved." According to Dr. Timothy M. Pawlik, an associate professor of surgery at Johns Hopkins University, patients are now treated "as partners in the process, and our informed consent reflects that." He added "for some types of practices...informed consent may be the most important opportunity to strengthen the patient-doctor relationship."

But, "the process by which most doctors learn how to obtain informed consent is usually haphazard at best. Young doctors rarely have formal mentorship or the opportunity to observe more experienced physicians doing the process" leaving them ill prepared to obtain adequate informed consent on their own. As such, medical training should incorporate this important practice.

Full post as published by Chicago Medical Malpractice Lawyer Blog on August 17, 2009 (boomark / email).