The urologist argued that he did obtain informed consent to the injection treatment, noting that the patient had signed a document that explained that scars were a possible outcome.
"Given the costs of defense and the challenge to defend lawsuits involving [retained surgical items], preventing them from occurring at all is the best solution," writes Brianne Goodwin, JD, RN.
The physician argued that the migration of the mesh is a known risk of the procedure and the patient had given informed consent for the operation.
Ranging from advice on telephone triage to reports on cases involving circumcision requiring revision surgery to a missed kidney cancer diagnosis, these were our most-read “Malpractice Consult” columns online from 2017.
In this "Malpractice Consult" column, Dawn Collins, JD, also discusses cases involving penile pain following cystoscopy, alleged failure to diagnose kidney obstruction, and death follow stent placement.
"Incidental radiology findings are low-hanging fruit that organizations should develop processes for handling proactively," writes Brianne Goodwin, JD, RN.
Informed consent in medicine generally refers to one of two things: the process by which a provider obtains consent through discussion of risks, benefits, and alternatives with patients, and the actual form that is signed by the physician and the patient. Both are critical pieces to any medical malpractice litigation where a claim for lack of informed consent has been pled.