Failed consent in spinal surgery again. Minimum standards for consent must be adopted by all surgeons

Abstract

Aim

To report another case of failed consent in spinal surgery leading to an award in damages of £4.4 million and to suggest an improved method of recording discussions in respect of consent.

Methods

A recent Court Judgment, previous Judgments and the relevant medical law were reviewed.

Results

A standardised proforma recording the necessary preoperative discussions that must be had with our patients is described.

Conclusions

Spinal surgeons must adhere to new standards in respect of the consenting process and, crucially, in recording the dialogue that has occurred between the patient and the surgeon.

Keywords:

• Spinal surgery
• medical law
• medical negligence
• consent

Disclosure statement

No potential conflict of interest was reported by the author(s).