Patients may not recall disclosure of risk of death: implications for informed consent

This study examined the issue of rational decision-making involved in the 'patient need' standard of informed consent. A majority of elective cholecystectomy patients (90% of 144) correctly identified their risk of death on a multiple choice questionnaire after preoperative counselling, but before surgery. However, many of those patients who answered correctly (54%) reported that they were not informed about the risk of death when questioned again after discharge. An attempt to discriminate patients who reported being informed from those who did not using measures of preoperative pain, emotional distress and medication was not successful. Faced with an inability to obtain informed consent from some patients, coupled with legal liability for failing to do so, surgeons are advised to obtain consent in writing, to provide comprehensive, multi-media counselling, and to be particularly conscientious with confused patients and those with complications.