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.
Nebraska Waiver and Release Form for Cosmetic Surgery is a legal document that outlines the terms and conditions of obtaining cosmetic surgery services in the state of Nebraska. This form is designed to protect both the surgery facility and the patient by clearly defining the responsibilities and liabilities of each party involved. The Nebraska Waiver and Release Form for Cosmetic Surgery typically covers various important aspects, including: 1. Acknowledgment of Risks: This section explains the potential risks and complications associated with cosmetic surgery. It ensures that the patient understands these risks and assumes responsibility for any adverse outcomes that may arise during or after the procedure. 2. Consent for Treatment: This section grants permission to the surgical facility and the medical team to perform the specific surgery mentioned in the form. It confirms that the patient has sought independent medical advice and made an informed decision to undergo the procedure. 3. Release of Liability: This section releases the surgical facility, medical professionals, and staff from any legal claims or liability resulting from the cosmetic procedure. It indicates that the patient understands and acknowledges the inherent risks involved and agrees to hold them harmless in case of any complications. 4. Compliance with Instructions: This section emphasizes the importance of following PRE and post-operative instructions provided by the surgical facility. It ensures that the patient understands the significance of proper care and compliance for optimal surgical outcomes. 5. Confidentiality: This section emphasizes the importance of maintaining patient confidentiality and prohibits the use or disclosure of any personal or medical information without the patient's explicit consent. Different types of Nebraska Waiver and Release Forms for Cosmetic Surgery may include: 1. General Cosmetic Surgery Waiver and Release Form: This form covers a broad range of cosmetic surgery procedures, including but not limited to facelifts, breast augmentation, liposuction, and rhinoplasty. 2. Specific Procedure Waiver and Release Form: This type of form is tailored for a specific surgical procedure, addressing the unique risks and considerations associated with that particular surgery. For example, a Breast Implant Waiver and Release Form specifically caters to patients seeking breast augmentation or breast reconstruction. 3. Minors' Cosmetic Surgery Waiver and Release Form: This form is designed for patients under the age of 18 who wish to undergo cosmetic surgery. It includes additional provisions to comply with legal requirements and protect the interests of minor patients. In summary, the Nebraska Waiver and Release Form for Cosmetic Surgery is a crucial document that ensures a mutual understanding and agreement between the surgical facility and the patient. It defines the terms, risks, responsibilities, and release of liability, providing a legal framework for safe and ethical provision of cosmetic surgery services.
