J.Jpn. Surg. Soc.. 123(4): 304-309, 2022

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Feature topic

POINTS IN OBTAINING INFORMED CONSENT THROUGH THE EXAMINATION OF SURGICAL MEDICAL MALPRACTICE CASES

Because surgical procedures are by nature invasive, the possibility of unexpected complications and the necessity of changing operative methods during surgery are unavoidable. Surgeons and other medical personnel do not always fully inform patients of the risks involved in unavoidable intraoperative procedural changes, which often makes dealing with those serious situations problematic. It is therefore extremely important to discuss not only the possibility of changes in surgical procedures but also the risk of postoperative complications associated with those changes during preoperative conferences with patients. If a change in the operative procedure appears necessary without being able to obtain informed consent, the surgery should be terminated, except in urgent/emergency cases. Subsequently, informed consent should again be obtained from patients after they have regained full consciousness after anesthesia. Consent from relatives or guardians should not be given priority over that from patients. If there are questions about whether surgeons should have changed procedures to complete operations or stopped surgeries before completion, immediate postoperative conferences involving teams of medical professionals should be convened to ensure objective conclusions.

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