he
opinion presented here is focused on whether a stand-alone
anesthesia consent form offers any advantage over
the inclusion of the same information in the surgical
procedure consent form. The perspective is that
of an anesthesiologist who has spent 42 years in
the same large academic department, the past 13
years as its chair.
Our current policy for obtaining anesthesia consent
at the University of Washington Medical Center (UWMC)
is a two-step process. The first step is for the
patient or authorized representative to sign a surgical/anesthesia
procedure consent form that is presented by the
surgeon or proceduralist. This consent refers to
the risk of anesthesia to include dental damage,
nerve damage, damage to vital organs, brain damage
and death. The next step is just prior to induction
when a member of the anesthesia care team discusses
the anesthesia risks as is required by the Joint
Commission on Accreditation of Healthcare Organizations
(JCAHO). A statement on the preanesthesia assessment
form that the risks were discussed is signed by
the attending anesthesiologist. There is space to
document specific risks as indicated. The anesthesia
record also has a check-off list to show that the
risks were discussed.
The subject of this editorial first appeared in
the author’s clinical practice in 1995 when
a “consultant” advising the UWMC about
how to pass the next JCAHO inspection “suggested”
to the hospital that the anesthesia consent should
be separated from the surgical procedure consent.
At this time, I had been chair of the department
for two years and was completing an 11-year term
as chair of the ASA Committee on Professional Liability.
I thought this a worthwhile and reasonable project
to undertake, so I began the task of developing
an anesthesia-specific consent form to be signed
by the patient. Due to a number of logistical concerns
that arose, the issue was eventually abandoned.
The final straw was when one of the other major
hospitals in our system that utilized the combined
surgical procedure/anesthesia consent form passed
JCAHO inspection without a problem.
At this point, I have to confess that our department
has just adopted a stand-alone anesthesia/sedation
consent form. This is, however, for a defined group
of patients who require our services for imaging
procedures such as magnetic resonance imaging, computed
tomography scan and ultrasound, where the procedural
risks are minimal or absent and a procedural consent
is not normally obtained. The radiologists objected
to being forced to get a procedural consent signed
by the patient for a procedure that had no risk,
and where the only risk was for anesthesia, which
they knew little about. We agreed and removed all
reference to procedural risks so that only the anesthesia
risks were presented. This particular consent is
now titled “Anesthesia/Sedation.” Fortunately
this represents relatively few cases in our practice.
The value of our two-step informed consent system
was recently brought home to me after a patient,
for whom I was the attending anesthesiologist, alleged
that he woke up with a chipped tooth. When the medical
record was retrieved, the preoperative evaluation
in which I had documented my discussion of dental
risk was missing. Fortunately we still had the procedural/anesthesia
consent signed by the patient that explicitly noted
the risk of dental damage.
Another logistic issue is whether the procedural
consent should be witnessed. In Washington state,
a witness to the procedural consent is not required.
Thus our risk management department has not required
a witness as it is not necessary for the legal process.
New Centers for Medicare & Medicaid Services
(CMS) regulations, however, call for a witnessed
consent, so this has been added to our procedure/anesthesia
consent form. Before implementing this procedure,
the risk management department is awaiting CMS regulations
as to how much of the risk discussion the witness
has to be present for and what that witness’
qualifications should be. If the anesthetic risks
were separated from the procedural consent, the
anesthesiologist would be responsible for having
a qualified witness sign the document. The logistics
of this in large, busy operating rooms would seem
to be daunting, especially for the first case of
the day. Perhaps this could be done in the anesthesia
care team mode of practice, but it is not immediately
apparent to me where solo anesthesiologists in a
busy operating room would readily find qualified
individuals to witness a signed consent.
At the present time, there is a great deal of emphasis
on the practice of evidence-based medicine. For
those who advocate separation of the anesthesia
and procedural consent form, I would ask to see
the evidence that such a change would improve some
aspect of our clinical practice. What problem will
it solve? Will it improve patient care, operating
room efficiency, cost of delivering care, patient
satisfaction or provide legal protection? In terms
of legal protection, it may be too much to ask to
find a court decision supporting the value of a
patient-signed anesthesia consent form over the
same words in a combined procedural/anesthesia consent
form. Some of the other factors, however, could
be studied in a relatively controlled fashion. If
the goal is to improve patient understanding of
anesthesia risk, then a study could be designed
to test the hypothesis that a stand-alone anesthesia
risk consent is superior to the two-step process
we currently use. If certain of our surgical colleagues
declined to have a combined procedural/anesthesia
consent form, then we would adapt as we have for
our radiology colleagues. We would use the opportunity
to test the aforementioned hypothesis. If it turned
out that a separate anesthesia consent form adversely
affected surgical turnover time, I suspect there
might be some second thoughts.
Informed consent is an important and integral part
of the practice of medicine. If we as a profession
move to more standardized wording of the anesthesia
consent, I would ask to have it included in our
combined procedural/anesthesia consent form. If
asked or required to have the anesthesia and procedural
consents separated, I would ask for evidence to
support the need for such a change in our current
practice, which has the approval of both the University
of Washington Risk Management Department and the
claims review committee.
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Frederick
W. Cheney, M.D., is Professor and Chair, Department
of Anesthesiology, University of Washington
School of Medicine, Seattle, Washington. |
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