Documentation of a “consent conversation” good; consent form better
The term “getting consent” does not mean having a form signed. Getting consent means having a conversation with the patient. If a treatment or procedure is advised by a physician, the patient’s consent to that treatment is important. Consent should document both risks and benefits. Courts will look to the records for this. If there is no documentation of a consent conversation, the record will seemingly support the patient’s story. If there is a consent form and progress note, the documentation would support the physician’s version, perhaps leading to a favorable verdict.
“Excessive” opiate prescriptions killing patients
Prescription narcotics are now a leading cause of death, and Washington is among the national leaders in the misuse of opiate medications. The push by national regulatory bodies to assure that all patients have their pain effectively treated, especially in emergency departments, is likely a contributing factor.
Florida court rules that hospital bylaws do not trump medical staff bylaws
Justices on Aug. 28 nullified a St. Lucie County law that allowed hospital board bylaws to supersede medical staff bylaws in any conflicts over privileging, contracting and quality. “The rights, duties and responsibilities of the medical staff must be respected by hospital boards, not circumvented using legislative influence,” FMA President Steven R. West, MD, said.
Georgia court finds emergency department physician not “grossly negligent” in malpractice lawsuit
A Georgia emergency physician appealed her failure to prevail in a motion for summary judgment in a case against her claiming that Ga. Code Ann. § 51-1-29.5 provides that “no physician or health care provider shall be held liable unless it is proven by clear and convincing evidence that the physician or health care provider’s actions showed gross negligence.” The appeals court concurred that her actions met the standard of care. X-rays taken were read by a radiologist; on whose opinion she relied. Based on this finding, there was no need for an orthopedic surgeon to consult in the emergency room about the patient’s leg injury.