The relationship of physician or hospital to a patient is a consensual one, and it is the general rule that in the absence of emergency or unanticipated conditions, a hospital/physician must first obtain the consent of the patient, if the patient is competent to give it, or of someone legally authorized to give it for the patient, before treating the patient. Consent for surgery or other therapy arises from the contract between hospital/physician and patient and is given only in connection with what the parties understand is to be done.
Unless a person who gives consent to an operation knows the nature and degree of its danger, a consent does not represent an informed choice and is ineffectual. In other words, only an informed consent will adequately protect the hospital/physician. In order to assure that an informed consent is obtained, the hospital/physician must make the disclosures necessary to form the basis of such a consent. The consent, when in writing, should contain the patient's stipulation that the patient has received a satisfactory explanation from the hospital/physician as to the type of operation or treatment and its attendant dangers and possible complications, as well as the results that may be anticipated from a curative standpoint.
A physician may not contract against the effect of the physician's own negligence in treating a patient.
Arizona Consents to Surgery and Waiver and Release of Hospital and Staff The Arizona Consents to Surgery and Waiver and Release of Hospital and Staff is a legal document that patients are required to sign before undergoing a surgical procedure in Arizona. This document serves as evidence of a patient's informed consent, acknowledging their understanding of the risks and potential complications associated with the surgery. The Consent to Surgery and Waiver and Release of Hospital and Staff outlines the following key aspects: 1. Identification: The document begins by recording the patient's name, the date of the procedure, and other identifying information to ensure accuracy and completeness. 2. Surgical Procedure: The specific surgical procedure is described in detail, including the purpose, risks, and potential benefits. The language used is straightforward and accessible to ensure that patients fully comprehend the nature of the operation. 3. Risks and Complications: The document provides a comprehensive list of potential risks and complications associated with the surgery. These may include bleeding, infection, adverse reactions to anesthesia, organ damage, nerve injury, and other specific risks relevant to the procedure. Patients are advised to review and discuss these risks thoroughly with their healthcare provider before signing the consent. 4. Alternative Treatments: This section explains any viable alternative treatments or procedures available to the patient. It encourages patients to explore different options and make an informed decision based on their individual circumstances. 5. Anesthesia: Since anesthesia plays a crucial role in surgery, this document includes a specific section addressing its risks, potential complications, and the patient's consent for its administration. 6. Hospital and Staff Release: This section explicitly states that the patient releases the hospital, its staff, and healthcare professionals involved in the surgery from any legal liability resulting from the surgery, except for negligence or intentional misconduct. Types of Arizona Consents to Surgery and Waiver and Release of Hospital and Staff: 1. General Consents to Surgery: This is the standard consent form used for most surgical procedures, covering a wide range of surgeries and treatments. 2. Additional or Specific Consents: Some surgical procedures may require additional, specialized consent forms due to their unique nature. Examples of these procedures include spinal surgeries, organ transplants, cosmetic surgeries, and complex reconstructive surgeries. These specific consents address the particular risks and considerations associated with these specialized procedures. It is essential to note that the Arizona Consents to Surgery and Waiver and Release of Hospital and Staff vary across healthcare facilities, and patients should carefully review and ask any questions they may have before signing. This document is a critical part of the medical process, ensuring that patients are fully informed and protected while granting consent for surgery.Arizona Consents to Surgery and Waiver and Release of Hospital and Staff The Arizona Consents to Surgery and Waiver and Release of Hospital and Staff is a legal document that patients are required to sign before undergoing a surgical procedure in Arizona. This document serves as evidence of a patient's informed consent, acknowledging their understanding of the risks and potential complications associated with the surgery. The Consent to Surgery and Waiver and Release of Hospital and Staff outlines the following key aspects: 1. Identification: The document begins by recording the patient's name, the date of the procedure, and other identifying information to ensure accuracy and completeness. 2. Surgical Procedure: The specific surgical procedure is described in detail, including the purpose, risks, and potential benefits. The language used is straightforward and accessible to ensure that patients fully comprehend the nature of the operation. 3. Risks and Complications: The document provides a comprehensive list of potential risks and complications associated with the surgery. These may include bleeding, infection, adverse reactions to anesthesia, organ damage, nerve injury, and other specific risks relevant to the procedure. Patients are advised to review and discuss these risks thoroughly with their healthcare provider before signing the consent. 4. Alternative Treatments: This section explains any viable alternative treatments or procedures available to the patient. It encourages patients to explore different options and make an informed decision based on their individual circumstances. 5. Anesthesia: Since anesthesia plays a crucial role in surgery, this document includes a specific section addressing its risks, potential complications, and the patient's consent for its administration. 6. Hospital and Staff Release: This section explicitly states that the patient releases the hospital, its staff, and healthcare professionals involved in the surgery from any legal liability resulting from the surgery, except for negligence or intentional misconduct. Types of Arizona Consents to Surgery and Waiver and Release of Hospital and Staff: 1. General Consents to Surgery: This is the standard consent form used for most surgical procedures, covering a wide range of surgeries and treatments. 2. Additional or Specific Consents: Some surgical procedures may require additional, specialized consent forms due to their unique nature. Examples of these procedures include spinal surgeries, organ transplants, cosmetic surgeries, and complex reconstructive surgeries. These specific consents address the particular risks and considerations associated with these specialized procedures. It is essential to note that the Arizona Consents to Surgery and Waiver and Release of Hospital and Staff vary across healthcare facilities, and patients should carefully review and ask any questions they may have before signing. This document is a critical part of the medical process, ensuring that patients are fully informed and protected while granting consent for surgery.