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.
Mississippi Consents to Surgery and Waiver and Release of Hospital and Staff is a legal document that grants informed consent for a surgical procedure and releases the hospital and its staff from any liability. This document is vital to ensure that patients understand the risks involved in the surgery and acknowledge the potential outcomes before proceeding. Key points covered in a Mississippi Consents to Surgery and Waiver and Release of Hospital and Staff document typically include: 1. Patient Information: The form starts by collecting relevant patient information such as their name, address, date of birth, contact details, and any known allergies or medical conditions. 2. Procedure Description: A detailed description of the surgical procedure is provided, including the reason for the surgery, potential alternatives, and an explanation of the risks, benefits, and possible complications associated with the procedure. 3. Medical History: Patients are required to provide details about their medical history, including any past surgeries, current medications, allergies, and ongoing medical conditions. This information is crucial for surgeons and anesthesiologists to assess the patient's eligibility for the surgery. 4. Risks and Complications: This section outlines the potential risks and complications related to the surgery explicitly. It explains that while efforts will be made to minimize these risks, unforeseen problems can occur during or after the operation. Common risks may include anesthesia-related complications, bleeding, infection, organ damage, or even death in rare cases. 5. Alternatives and Assessments: The document discusses alternative treatment options available to the patient and explains how they have been reviewed and compared to the proposed surgery. The patient may have received second opinions or consulted with other medical professionals. 6. Anesthesia: Specific information regarding the administration of anesthesia, potential risks, and side effects are detailed. Patients need to understand that the anesthesiologist will tailor the dosage and type of anesthesia based on the individual's medical condition and the nature of the surgery. 7. Blood Transfusions: If there is a possibility of a blood transfusion during the surgery, this section will explain the risks associated, including potential infections and adverse reactions. 8. Hospital Release: The document includes a waiver and release section where the patient acknowledges that they understand the risks and potential outcomes associated with the surgery. By signing this section, the patient acknowledges that they release the hospital, its staff, and any related entities from any liability resulting from performing the surgery. Different types of Mississippi Consents to Surgery and Waiver and Release of Hospital and Staff may exist based on the specific surgical procedure or the hospital's requirements. Examples may include consent forms for minor surgeries, major surgeries, elective procedures, emergency surgeries, or even specialized surgical procedures like orthopedic or cardiac surgeries. Overall, the Mississippi Consents to Surgery and Waiver and Release of Hospital and Staff aims to protect both the patient and the medical professionals involved, ensuring that the patient is fully informed of the risks and voluntarily consents to the surgery while releasing the hospital and its staff from any legal claims.
