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.
Oregon Waiver and Release Form for Cosmetic Surgery is a legal document that is specifically designed to protect cosmetic surgeons from potential liability arising from the risks and complications associated with cosmetic surgery. This form serves as a mutual agreement between the surgeon and the patient, ensuring that both parties understand and accept the inherent risks involved in the procedure. The Oregon Waiver and Release Form for Cosmetic Surgery typically includes the following key sections: 1. Patient Information: This section requires the patient to provide their personal details such as name, address, contact information, and date of birth. 2. Description of Procedure: Here, the specific cosmetic procedure to be undertaken is described in detail, including any variations or modifications that may be required. 3. Acknowledgment of Risks: This section outlines the potential risks and complications associated with the cosmetic surgery procedure. It highlights that the patient fully understands and accepts these risks, including but not limited to infection, bleeding, scarring, sensation changes, anesthesia complications, and unsatisfactory results. 4. Consent to Treatment: The form also includes a consent section where the patient acknowledges and authorizes the surgeon to perform the agreed-upon cosmetic procedure. 5. Release of Liability: This crucial provision states that the patient releases the surgeon, their staff, and the medical facility from any claims, demands, damages, or liabilities, arising from the cosmetic surgery procedure or its aftermath, except in the case of gross negligence or intentional misconduct. 6. Financial Responsibility: This section outlines the patient's responsibility for costs related to the procedure, including fees for the surgeon's services, anesthesia, facility charges, necessary revisions, and any additional medical treatments that might be required. One important element to note is that while there may not be specific types of Oregon Waiver and Release Forms for different cosmetic surgery procedures, the general format and content of the form remain consistent across various cosmetic procedures, such as breast augmentation, liposuction, facelift, rhinoplasty, and tummy tuck. It is essential for both the surgeon and the patient to carefully review and understand the terms and conditions outlined in the Oregon Waiver and Release Form for Cosmetic Surgery before proceeding with any cosmetic procedure. This document serves as a legally binding agreement, protecting the rights and responsibilities of both parties and creating an atmosphere of informed consent and shared accountability.
