Informed Consent: Who’s Doing What

New fed rules shine light on what patients should know or decide.

The following guidelines have been prepared to assist institutions in reviewing policies, procedures and forms relative to obtaining and documenting informed consent. The guidelines are based in part on opinions and advice of malpractice defense attorneys in Massachusetts. The Risk Management Foundation recognizes that institutions should continue to have the flexibility to respond to such recommendations in a manner that will least disrupt the orderly provision of health care at the facility.

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Updates

How should I decide what to disclose in the consent process?

Determining which risks to discuss within the consent process should be based on the severity of the potential harm, the likelihood of occurrence, and the relevance to the patient. Obviously, even a small chance of death or serious disability is significant. The type and the number of risks to be disclosed should also depend on the significance each patient would attach to such risks in deciding whether to consent to the procedure or treatment.

• English Version [PDF]
• Spanish Version [PDF]