Interesting section on informed consent in my doula training.... Too often, I have witnessed birthing situations where the OB states something like, Theres a possibility that baby might have some trouble so then well go ahead an use forceps/vacuum/episiotomy, etc. From the following excerpt, I dont see telling the patient of a potential procedure the same as informing them of the potential risks and consequences...and waiting for a response. Thoughts? Many pregnant women are not fully aware of their right of informed consent or of the obstetricians legal obligation to obtain their patients informed consent prior to treatment. The American College of Obstetricians and Gynecologists (ACOG) first publicly acknowledged the physicians legal obligation to obtain his or her pregnant patients informed consent in its 1974 publication, Standards for Obstetric-Gynecologic Services, (pg 66-67) which reads: It is important to note the distinction between consent and informed consent. Many physicians, because they do not realize there is a difference, believe they are free from liability if the patient consents to treatment. This is not true. The physician may still be liable if the patients consent was not informed. In addition, the usual consent obtained by a hospital does not in any way release the physician from his legal duty of obtaining an informed consent from his patient. Most courts consider that the patient is informed if the following information is given: The processes contemplated by the physician as treatment, including whether the treatment is new or unusual. The risks and hazards of the treatment, The chances for recovery after treatment. The necessity of the treatment. The feasibility of alternative methods of treatment. One point on which courts do agree is that explanations must be given in such a way that the patient understands them. A physician cannot claim as a defense that he explained the procedure to the patient when he knew the patient did not understand. The physician has a duty to act with due care under the circumstances; this means he must be sure the patient understands what she is told.
Posted on: Tue, 15 Apr 2014 16:59:58 +0000
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