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Q: “Thank you for excellent talk. I would be interested in any guidance you can give or resources for best practice in recording discussion with patients at POA clinic or on day of surgery recording of discussions incl risks/benefits as feel often comprehensive verbal discussion not always as comprehensively recorded in notes many thanks”

A:

Thanks for the question.

One of our Barristers wrote a journal article which I think is helpful: https://mdujournal.themdu.com/issue-archive/issue-4/informed-consent-a-year-on-from-montgomery

And our guidance is here: https://www.themdu.com/guidance-and-advice/guides/new-guidance-on-decision-making-and-consent

The important points are to ensure that there is a discussion, that they have had a chance to review information before the day of surgery if it is elective (so get some resources together and make sure they are clearly written and given out by the Trust/HB), that you clearly give them a chance to ask questions and note down what they asked and how you answered (not verbatim but an approximation). As regards what’s important to them helpful to ask the question specifically is there anything you are specifically worried about, is there anything that you don’t feel has been addressed?

If you write some of the above you will be ahead of most practitioners. More care needs to be given with higher risk cases particularly when the gains are marginal.

The Montgomery judgement is here and it really is excellent (paras 88-93 are particularly relevant)with the AAGBI guidance here (para 5 of recommendations)

Hope that helps

Jerard