Journal of the American Dental Association, Vol 115, Issue 4, 630-635
Copyright © 1987 by American Dental Association
Informed consent: a risk management view. Council on Insurance
In the best of all possible worlds, rules could be established that, if strictly followed, would eliminate litigation. Regrettably, that world does not exist. When dealing with informed consent many issues remain uncertain. Doctors must use their best professional judgment and hope that the jury will support it. Some risk management suggestions would include: Personally discuss the benefits and risks of the proposed treatment with the patient as well as the alternatives, and the consequences of nontreatment. Give the patient an opportunity to ask questions. Get a commitment from the patient to proceed. Use lay terms. Give no guarantees. If in doubt, disclose the risks. Use a signed informed consent form. Keep well-documented records. Consult your attorney about developing informed consent procedures that reflect state laws.