Question

A client comes in for her annual gynecological examination. Her physician recommends she have a Pap smear, but she refuses. The physician stresses its importance and documents why it is important in the chart. The following year when the client returns for her annual examination, the physician again stresses why she needs the Pap smear. The client again refuses. Six months later the client is diagnosed with cervical cancer. Soon she files a lawsuit against the physician. The jury found the physician liable under the doctrine of informed consent for not stressing more that the client needed a Pap smear. Why do you think the doctor was held liable?

Answer 1

In the above scenario Patient was not at all interested in taking Pap smear. Physician tried to explain about the importance of taking Pap smear in two visits.In the second visit almost physician stressed about the importance of taking Pap smear, even though she refused.But here physician was made liable under the doctrine of informed consent. This is because it is physician responsibility to make the patient understand the condition and also make her to accept for the procedure by knowing the situation.Physician knowing her condition allowed her to pass on her time and later this was diagnosed as cervical cancer.

Also Physician does not have any proof that he insisted on the importance of pap smear two times.There was no documentation about the education given.So this is also one of the reason for making physician liable.So it is always important to document all the education given.