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How informed need be informed consent?

James W Jones¹, Laurence B McCullough

¹Center for Medical Ethics and Health Policy, Baylor College of Medicine, Houston, Tex., USA. jwjones@bcm.tmc.edu

Journal of Vascular Surgery

|December 6, 2011

Summary

This summary is machine-generated.

Informed consent for endovascular infrarenal aneurysmectomy must detail all potential risks, including the need for emergency open repair. Inadequate documentation led to a lawsuit after a patient

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Area of Science:

Vascular Surgery
Medical Malpractice
Informed Consent Law

Background:

Dr. C. Lever, a recognized pioneer in endovascular infrarenal aneurysmectomy, has documented excellent outcomes.
A case involving an octogenarian patient undergoing endovascular stent placement for infrarenal aortic aneurysm is presented.

Observation:

The endovascular procedure necessitated an emergent open repair due to intraoperative complications.
The patient experienced a complicated postoperative course, including multiple organ dysfunction syndrome, and subsequently died.

Findings:

A lawsuit was filed alleging that the informed consent process failed to adequately disclose the possibility of an emergency open repair.
Documentation of informed consent by the resident omitted whether Dr. Lever had specified the potential need for conversion to an open procedure.

Implications:

This case underscores the critical importance of comprehensive documentation in informed consent, particularly regarding potential operative risks and conversions.
Medical professionals must ensure all factors influencing patient decision-making are clearly communicated and recorded to mitigate legal and ethical risks.
Thorough documentation of operative details and potential complications is essential for both legal protection and ethical patient care in complex surgical procedures.