Informed consent and perioperative nursing

Until recently, most courts have held that hospital and its employees have no duty to obtain consent--that is the responsibility of physicians. Emerging case law is establishing the duty of the hospital and nursing staff to ensure that consent is obtained. Courts seems to believe that a hospital will work harder and the patient record will be more complete if the hospital is held liable. If a patient indicates uncertainty or has questions indicating a lack of understanding, the nursing supervisor or attending physician must be contacted. Health care providers should not proceed if there is any question that the patient is withdrawing consent or reconsidering consent. Consent is valid only until it is withdrawn. It is better to defend caution to supervisors and physicians than to defend cavalier actions in a court of law. Hospitals and nurses may be held liable for lack of informed consent if they know or should have known there was not adequate disclosure or adequate consent. Case law regarding informed consent usually involves the physician and patient. Nurses, however, must be educated about how these laws affect them.