Medicolegal Considerations – The Consent Process

Abstract

We have sought to demonstrate what we believe to be better practice in respect of gaining consent. This area of medicine that enables us to gain our patient’s trust and their consent to treat them does not differ from most other areas in medicine. Achieving adequate consent relies fundamentally on good communication between the physician and patient. If informed consent is gained from a conversation between the physician and patient, rather than simply asking for a form to be signed, it is more likely that the patient’s expectation will be met and the prospect of patient disappointment thus reduced. Achieving proper informed consent, in turn, is likely to improve the patient experience and reduces the chance of litigation following an unexpected outcome. Whilst we cannot be prescriptive about exactly how consent for total knee replacement should be undertaken, we have aimed to underline the principles relating to the how, who, where, what and when consent should be obtained.