Risk Management

Informed Consent: Physicians and Facilities

March 7, 2023

Dear OMIC Insureds:

Insureds sometimes ask us about the difference between the surgeon’s duty to obtain informed consent, versus the ASC’s or hospital’s duty. Essentially, these are two distinct responsibilities required by both the surgeon and the facility.

The physician who will be performing the procedure must obtain the patient’s informed consent; this is not a delegable duty. The physician must explain the diagnosis and reasons for the proposed treatment, as well as the risks, benefits, alternatives, and consequences (if any) of no treatment. The physician must also assess the patient’s competence to make an informed decision and comprehension of the information. The discussion should be documented in the medical record; the signed, procedure-specific consent form should be maintained in the record, and a copy given to the patient.

The ASC or hospital verifies that the above discussion occurred. Facilities also obtain a general consent for care rendered at their facility.

To read more about this topic, refer to informed consent recommendations.

If you have questions about this topic or would like to have a confidential risk management consultation, please email riskmanagement@omic.com or call the Risk Management Hotline at 1-800-562-6642 and enter 4 for Risk Management.

Sincerely,

Linda D. Harrison, PhD
Vice President, Risk Management