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