Originally posted October 20, 2018
Here is an excerpt:
The requirements of informed refusal are the same as informed consent. Providers must explain:
- the proposed treatment or testing;
- the risks and benefits of refusal;
- anticipated outcome with and without treatment; and
- alternative therapies, if available.
Documentation of this discussion, including all four components, in the medical record is critical to mounting a successful defense from a claim that you failed to warn about the consequences of refusing care.
Since state laws vary, it is good practice to check with your malpractice carrier about preferred risk management documentation. Generally, the facts of these discussions should be included and signed by the caretaker. This conversation and documentation should not be delegated to other members of the health care team. At least one state has affirmed through a Supreme Court decision that informed consent must be obtained by the provider performing the procedure and not another team member; it is likely the concept of informed refusal would bear the same requirements.
The info is here.