Patient complaints claim doctors fail to properly disclose complication risks
In more than 70 per cent of legal disputes over consent to treatment issues patients allege that the treating doctor failed to properly explain risks of complications, according to research published in the latest Medical Journal of Australia.
Prof David Studdert, from the Melbourne School of Population Health and Melbourne Law School at the University of Melbourne, and co-authors reviewed nearly 2,000 negligence claims against doctors insured by Avant Mutual Group Limited and complaints lodged with the Health Services Commissioner of Victoria. The review focused on alleged failures in the consent process that were adjudicated between 1 January 2002 and 31 December 2008.
The authors found that the primary allegation in 71 per cent of these cases was that the doctor failed to mention or properly explain risks of complications.
Lead author, Dr Andrew Gogos, said that 92 per cent of cases involved surgical procedures and 16 per cent involved cosmetic procedures. Plastic surgeons experienced complaint rates that were more than twice those of any other specialty or subspecialty group.
“The concept of a ‘typical’ informed consent dispute has real currency: it is an operation, often undertaken for cosmetic purposes, in which the patient alleges that a complication was not properly disclosed,” Dr Gogos said.
“To the best of our knowledge, this is the first study to investigate in a real-world setting what happens when informed consent goes poorly from the patient’s perspective.
“Improved understanding of these situations helps to spotlight areas of care in which there is a gap between what doctors do and what patients want.
“It may also be helpful for clinicians who want to avoid getting drawn into legal disputes.
“Consistent with the quality improvement mantra that ‘every defect is a treasure’, this study shows that further research into disputes over informed consent and other preventable breakdowns in care is warranted.”
The Medical Journal of Australia is a publication of the Australian Medical Association.
The statements or opinions that are expressed in the MJA reflect the views of the authors and do not represent the official policy of the AMA unless that is so stated.
CONTACT: Prof David Studdert 0407 083 444
Ms Rebecca Scott 0417 164 791
Media Officer
University of Melbourne