Warning of Risks in Consent Taking – When is Enough Enough?

It is essential to encourage clinicians to take a fresh look at informed consent. Too often the approach has become too over-legalistic and therefore too defensive. Being aware of developments in case law, such as Bolam, Bolitho, Roger v Whitaker and Montgomery, is important as is the understanding of the significant changes and the impact of these legal decisions, which are all signposts reflecting the society’s and patient’s expectations today.

The underlying principles about consent have not changed – the patient must consent to treatment; it is the patient’s decision, and therefore, for the patient to be able to give consent that is valid, they must be adequately informed of the relevant risks and options.

This CME Lunch Talk shall address the most common issues arising from obtaining consent in clinical practice – such as how much to warn, who should take consent, how best to document the process - through Medical Protection Society’s experience in helping members in medical negligence claims, defending doctors in Medical Council investigations, or offering professional advice.

The session will also explore the very basic principles of patient autonomy, reminding clinicians why it is important to have the right attitudes, and to take consent in the right spirit of shared decision making.

A common mistake is to be obsessed with going through the motions, or doing it defensively. Adequate consent from patients is not a chore to be resented but is in fact a wonderful opportunity to build trust and to develop a healthy doctor-patient relationship. Obtaining consent is about shared decision making based on respect for the patient’s autonomy and trust, such that complaints and claims can be reduced when things go wrong.

*This session is open to doctors and healthcare professionals only. Thank you.

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