 se
of a written informed consent form for anesthesia
care that is separate from the surgical consent
has become a timely and important issue for anesthesiologists.
Although debated without consensus for many years,
discussion of separate written informed consent
for anesthesia is again topical.
Current Centers for Medicare & Medicaid Services
(CMS) “Interpretative Guidelines” for
anesthesia services do not contain any requirements
regarding the form for documentation of patient
consent; however, review of these guidelines is
now taking place. State-by-state requirements regarding
use of a separate informed consent form vary. For
anesthesiologists in states in which there is no
requirement for a separate written consent form,
changes in federal CMS guidelines will have a critical
impact. A number of ASA members have reported that
their medical professional liability insurance carriers
may require them to use separate written anesthesia
consent, even if their state or the federal government
does not have this requirement.
This issue of the ASA NEWSLETTER contains
four editorials concerning the use of a separate
written consent document for anesthesia, with two
representing medical viewpoints and two representing
legal viewpoints. As you will read in the following
articles, legal opinion from our ASA Washington
Office as well as from a medical liability insurer
is enthusiastically in favor of a separate written
informed consent for anesthesia. Issues of inadequate
scientific evidence for enhanced legal protection
as well as logistical problems remain, however.r.
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Karen
B. Domino, M.D., M.P.H., is Professor of Anesthesiology,
University of Washington School of Medicine,
Seattle, Washington. |
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