As a result of shared medical decision making, a patient undergoes a surgical procedure that results in paralysis. What must the patient prove to bring a successful malpractice suit based on informed consent?
A) The patient had no part in the decision to operate.
B) The procedure's known risk of paralysis was not explained to the patient.
C) Since the decision making was shared, no malpractice suit is possible.
D) It was the procedure that caused the harm.
E) That the amount of damage to the patient cannot be determined.

Question

Quizplus · Accepted Answer

Rationale 1: This patient participated in shared decision making and therefore had a part in the decision to operate. There is no need to prove that this participation did not occur in order for malpractice to be proved.
Rationale 2: To bring a successful malpractice suit based on informed consent, the plaintiff must prove that the health care provider breached responsibility to know and disclose risks.
Rationale 3: It is possible for malpractice to have occurred even if the consent to operate was based on shared decision making.
Rationale 4: To bring a successful malpractice suit based on informed consent, the plaintiff must prove that the the procedure caused the harm.
Rationale 5: To bring a successful malpractice suit based on informed consent, the plaintiff must prove that plaintiff suffered injury for which damages can be assessed.

As a Result of Shared Medical Decision Making, a Patient