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Failed consent in spinal surgery again. Minimum standards for consent must be adopted by all surgeons
1Department of Neurosurgery, Nuffield Health Newcastle-upon-Tyne Hospital, Newcastle Upon Tyne, UK.
Aim:
To report another case of failed consent in spinal surgery leading to an award in damages of £4.4 million and to suggest an improved method of recording discussions in respect of consent.
Methods:
A recent Court Judgment, previous Judgments and the relevant medical law were reviewed.
Results:
A standardised proforma recording the necessary preoperative discussions that must be had with our patients is described.
Conclusions:
Spinal surgeons must adhere to new standards in respect of the consenting process and, crucially, in recording the dialogue that has occurred between the patient and the surgeon.
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