Is the Procedure Being Performed What the Patient Consented To?
This case study was put together by our partners at CRICO and was written by Jennifer Vuu Sanchez, CRICO Description 28% of surgery cases with a communication breakdown involved an inadequate consent process. Risk: Failure to obtain a complete informed consent for procedure provided The procedure that the patient was referred for was intentionally changed from her left ear to her right without reengaging the consent process. Closed Malpractice Case A 25-year-old female with history of an acoustic neuroma resection on the right side and neurofibromatosis type II (a genetic tumor suppressor syndrome) was referred for a Gamma Knife radiosurgery....
This case study was put together by our partners at CRICO and was written by Jason Boulanger, CRICO Description A 53-year-old male died intraoperatively during an elective total knee replacement after suffering a cardio-pulmonary arrest. Key Lesson Clear communication on the care plan among care team members and prompt escalation in situations of patient decompensation is crucial to safe care, especially in the operative setting. Clinical Sequence A 53-year-old male with a history significant for obesity, hypertension, and a prior right-knee surgery arrived at the hospital for a partial left knee replacement. The patient’s vital signs at the preoperative evaluation...
Insufficient Documentation Leads to Unclear Cause of Harm for Patient Receiving Anesthesia
This case study was put together by our partners at CRICO and was written by Julie Cronin Higden, RN, DNP, NE-BC, CPPS, CRICO Description A patient who underwent a colonoscopy suffered an anoxic brain injury resulting in a permanent vegetative state. Key Lessons Complete pre-procedure evaluations flag potential risks for patients receiving anesthesia In addition to the 5 Rights, consider additional safeguards such as “right documentation” and “right response” when reflecting on medication administration practices Complete and contemporaneous documentation is critical in defending malpractice cases Clinical Sequence A 41-year-old male underwent a colonoscopy with endoscopy at an ambulatory care center...
Dobbs Update December 2024 – Out of State Referrals in Idaho
On 12/4/24 a federal court upheld an injunction protecting Idaho physicians from prosecution for referring patients outside the state for abortions. Under Idaho law in the wake of the 2022 Dobbs v. Jackson Women’s Health decision, it is illegal for physicians to assist patients in obtaining a prohibited abortion. In a leaked March 2023 letter, the state’s Attorney General opined that this would also include referring patients to providers in other states for the purposes of obtaining an abortion, indicating that physicians would be criminally charged for out-of-state referrals. The Attorney General reportedly withdrew the opinion shortly after it was...
Beyond the Signature – Strategies to Improve Informed Consent
This resource was made available to MIEC through our partnership with Candello. It was written by Hannah Tremont, MPH Following an unsatisfactory outcome from finger surgery, a 38-year-old patient filed a malpractice claim alleging the wrong procedure was performed. However, thorough documentation of informed consent discussions supported the surgeon’s care, leading to a defense verdict at trial. A 25-year-old patient underwent Gamma Knife radiosurgery and suffered post-operative hearing loss in the left ear. Initially planned for the right ear, the procedure was intentionally changed to the left, but no documentation of informed consent or discussions about this change was recorded....