The relationship of physician to patient is a consensual one, and it is the general rule that in the absence of emergency or unanticipated conditions, a physician or surgeon 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 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 physician. In order to assure that an informed consent is obtained, the 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 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.
Maine Waiver and Release Form for Cosmetic Surgery is a legal document that is designed to protect both the patient and the cosmetic surgeon by outlining their rights and responsibilities before, during, and after the surgical procedure. This form acts as a contract and ensures that both parties understand the potential risks, complications, and limitations associated with the particular cosmetic surgery being performed. The Maine Waiver and Release Form for Cosmetic Surgery typically includes the following essential information: 1. Patient Information: This section requires the patient to provide their full name, contact details, date of birth, and any known medical conditions or allergies. This information is crucial for the surgeon to gauge the patient's fitness for the procedure and to mitigate potential complications. 2. Surgical Procedure Details: This section outlines the specific cosmetic surgery being performed, including the nature of the procedure, its purpose, and the expected outcomes. This information helps in setting realistic expectations for the patient and avoids any misunderstandings or disputes later. 3. Risks and Complications: Here, the form lists and describes the potential risks, complications, and side effects associated with the cosmetic surgery. Some common risks may include infection, scarring, anesthesia-related complications, bleeding, and dissatisfaction with the final results. This section ensures that the patient is thoroughly informed and acknowledges the risks involved. 4. Consent to Treatment: The form includes a section where the patient grants their consent for the cosmetic surgery and acknowledges that they have been adequately informed about the procedure, its risks, benefits, and alternatives. This section is essential to establish that the patient has provided their informed consent willingly. 5. Financial Responsibility: This section outlines the patient's financial responsibility for the surgical procedure, including fees for the surgeon, anesthesia, facility, follow-up visits, and any additional costs that may arise. It may also state the cancellation or rescheduling policy, refund policy, and the patient's obligation to pay any outstanding bills. 6. Release of Liability: This section releases the surgeon, medical staff, and the facility from any liability for damages, injuries, or complications that may occur during or after the surgery, providing that they were not a result of negligence or malpractice. It states that the patient assumes the risks associated with the procedure. Types of Waiver and Release Forms for Cosmetic Surgery in Maine include: 1. General Waiver and Release Form: This form covers general cosmetic surgeries and is applicable for a wide range of procedures. 2. Specific Procedure Waiver and Release Form: Some surgeons may use specific forms tailored to different cosmetic surgeries like rhinoplasty, breast augmentation, liposuction, or facelifts. These forms detail the unique risks and considerations associated with each procedure. It is vital to carefully read and understand the Maine Waiver and Release Form for Cosmetic Surgery before signing it. Patients should consult their surgeon, ask questions, and clarify any concerns they may have to ensure they are fully informed and comfortable proceeding with the surgery.Maine Waiver and Release Form for Cosmetic Surgery is a legal document that is designed to protect both the patient and the cosmetic surgeon by outlining their rights and responsibilities before, during, and after the surgical procedure. This form acts as a contract and ensures that both parties understand the potential risks, complications, and limitations associated with the particular cosmetic surgery being performed. The Maine Waiver and Release Form for Cosmetic Surgery typically includes the following essential information: 1. Patient Information: This section requires the patient to provide their full name, contact details, date of birth, and any known medical conditions or allergies. This information is crucial for the surgeon to gauge the patient's fitness for the procedure and to mitigate potential complications. 2. Surgical Procedure Details: This section outlines the specific cosmetic surgery being performed, including the nature of the procedure, its purpose, and the expected outcomes. This information helps in setting realistic expectations for the patient and avoids any misunderstandings or disputes later. 3. Risks and Complications: Here, the form lists and describes the potential risks, complications, and side effects associated with the cosmetic surgery. Some common risks may include infection, scarring, anesthesia-related complications, bleeding, and dissatisfaction with the final results. This section ensures that the patient is thoroughly informed and acknowledges the risks involved. 4. Consent to Treatment: The form includes a section where the patient grants their consent for the cosmetic surgery and acknowledges that they have been adequately informed about the procedure, its risks, benefits, and alternatives. This section is essential to establish that the patient has provided their informed consent willingly. 5. Financial Responsibility: This section outlines the patient's financial responsibility for the surgical procedure, including fees for the surgeon, anesthesia, facility, follow-up visits, and any additional costs that may arise. It may also state the cancellation or rescheduling policy, refund policy, and the patient's obligation to pay any outstanding bills. 6. Release of Liability: This section releases the surgeon, medical staff, and the facility from any liability for damages, injuries, or complications that may occur during or after the surgery, providing that they were not a result of negligence or malpractice. It states that the patient assumes the risks associated with the procedure. Types of Waiver and Release Forms for Cosmetic Surgery in Maine include: 1. General Waiver and Release Form: This form covers general cosmetic surgeries and is applicable for a wide range of procedures. 2. Specific Procedure Waiver and Release Form: Some surgeons may use specific forms tailored to different cosmetic surgeries like rhinoplasty, breast augmentation, liposuction, or facelifts. These forms detail the unique risks and considerations associated with each procedure. It is vital to carefully read and understand the Maine Waiver and Release Form for Cosmetic Surgery before signing it. Patients should consult their surgeon, ask questions, and clarify any concerns they may have to ensure they are fully informed and comfortable proceeding with the surgery.
