Doctors' understanding of consent law

Abstract

Background: Obtaining informed consent is an important responsibility of all doctors and is a major component of their day-to-day practice. However, little is known regarding practising doctors' understanding of consent in relation to medical law. Aims: To gain insights into current doctors' understanding of the legal requisites that underpin the consent of patients to medical procedures in Australia. Methods: A cross-sectional survey of Western Australian medical practitioners was conducted. A 15-question online questionnaire (SurveyMonkey, USA) was developed and distributed to Western Australia medical practitioners via social media, hospitalbased Junior doctor society pages and through the email accounts of practitioners registered with MDA National -a large medical defence organisation. Doctors were questioned on their understanding of medicolegal responsibilities, informed consent practice and knowledge of a historically significant Australian medicolegal case (Rogers v Whitaker, 1992). Results: A total of 172 responses was received during the survey period. The respondents came from various levels of seniority and from a variety of subspecialist areas. The survey demonstrated that among the respondents, the understanding of their medicolegal responsibilities around the issues of informed consent was deficient. Only 31% of respondents were aware that it is a court of law that defines the reasonable standard of care in relation to obtaining informed consent. Less than half of the respondents (48%) were aware of the High Court of Australia's definition by which the standard of reasonable care is defined. Conclusion:The results from our survey suggest that there is a requirement to enhance the education of medical practitioners to meet the medicolegal requirements and optimise consent.

Informed consent in dentistry and medicine in Spain: Practical considerations and legality

“…Some 90% of legal claims against doctors and dentists are related to defects in the transmission of information and in the IC. Analysis of the jurisprudence shows variability in their interpretations, and so it is difficult to determine the specific type and quantity of information professionals are obliged to give to patients so as not to incur malpractice complaints ( 3 , 11 , 12 , 24 ). Common law provides that health professionals must give only the information they believe appropriate rather than all the available material.…”

Development, piloting, and evaluation of an evidence-based informed consent form for total knee arthroplasty (EvAb-Pilot): a protocol for a mixed methods study

“…In most countries, every medical intervention requires informed consent [1][2][3][4]. Appropriate informed consent procedures may include the presentation of comprehensible information about the necessity and kind of the intervention, mechanism of action, material risks, and consequences or alternative treatments [3,5].…”

“…However, it is not ensured that relevant information for the decision is provided in these consultations. Due to high liability risks for treatment errors, informed consent for surgery and related consent forms often focus on risk-centered information [3,4,7]. The way of presenting treatment risks can affect patients' anxiety and the nocebo effect, which can be defined as 'unpleasant or adverse outcomes triggered by the treatment context, beyond any inherent […] effects of the treatment itself' [8][9][10][11].…”

Development, Piloting and Evaluation of an evidence-based informed consent form for total knee arthroplasty (EvAb-Pilot): A protocol for a mixed methods study

“…However, it is not ensured that relevant information for the decision is provided in these consultations. Due to high liability risks for treatment errors, informed consent for surgery and related consent forms often focus on risk-centered information (3,4,7). The way of presenting treatment risks can affect patients' anxiety and the nocebo effect, which can be de ned as 'unpleasant or adverse outcomes triggered by the treatment context, beyond any inherent […] effects of the treatment itself' (8) (9)(10)(11).…”

“…In most countries, every medical intervention requires informed consent (1)(2)(3)(4). Appropriate informed consent procedures may include the presentation of comprehensible information about the necessity and kind of the intervention, mechanism of action, material risks and consequences or alternative treatments (3,5).…”