Sign on the dotted line: What you need to know about consent and waiver forms

For many healthcare providers, the waiver and consent form represents their first interaction with a patient—in some cases, signed online, hours or days before the patient even steps into the clinic. The waiver and consent form is an ethical cornerstone in any practice. Thorough, complete forms not only help you explain treatment to your patient, but can also be your first and often best line of defence before and during claims or complaints against you. Understanding consent versus waiver The informed consent of a patient is different from a waiver of rights, although both are often seen together in the same form. Consent ensures the patient is aware of the treatment and what it entails—including the risks and potential side effects—and that the patient approves the use of the treatment on them. A waiver, on the other hand, specifies the patient is waiving their rights to claims for any injury or damages caused by the treatment. Both are essential prior to administering treatment. Read: No complaints: 6 tips for preventing disciplinary actions What to include in a consent and waiver form While consent and waiver forms may vary from one practice to another, there are key pieces of information you must include: Treatments. List and explain any and all treatments that the patient may receive under your care. This ensures you have expressly informed your patients of their actual and potential treatments so that in the event of a dispute, they cannot deny that such treatments were in the realm of possibility. Risks. You don’t need to include every possible risk for each treatment, but common issues and adverse reactions should be explained clearly. You should also always specify that the risks are not exhaustive. Initial Risks. It’s not unusual for patients to skim over forms, so it’s a good idea to draw their attention to common risks or to particular risks that may cause significant injury or harm. Ideally, you should ask your patients to write their initials next to those risks. Should adverse reactions or issues arise after treatment, you can consider these initials as express knowledge and consent from the patient. Disclaimer. Your forms should also indicate that results and reactions may vary. This ensures that the patient is aware that you are not guaranteeing a specific outcome. Acknowledgment. At the end of the form, there should always be an acknowledgment by the patient that they have read and understood the form. As a further step, it’s good to insert a clause confirming that any questions or concerns they had have been answered and addressed by the practitioner, and that no other concerns have arisen. However, if your patients generally sign the form before their appointment–for example in the waiting room or online in advance–be sure that your form reflects that practice. Waiver. There should also be a clause stating that the patient waives their right to claim against you damages arising out any treatment or advice you provide. You also want to use this clause to indicate that their consent is voluntary. Signature. Always ensure that patients date and sign the form. Important tip: Make it your practice to check that they have signed the form prior to treatment. Review and follow-up. Make it part of your regular, consistent practice to review the form and its contents with every patient before a new treatment, and on a regular basis if you are providing treatment on a recurring basis. Invite questions or discussion, and make a note in the chart that you’ve reviewed and discussed the form with your patient. Consistent practice and charting make it easier to prove that you gained informed consent and a freely given waiver in the event something goes wrong. At a minimum, informed consent should be re-obtained every six months or each time there is a lengthy hiatus between treatments or visits. It’s important to make sure that you use a consent and waiver form that is inconsistent with your general practice. Even more important: do not allow patients to forego the critical steps of reading, reviewing, discussing and signing this form. They may find the whole process boring but you’ll find it reassuring to have this protection in place. Read: 'If you report me to the MOT, I will report you to the CPSO’

Sign on the dotted line: What you need to know about consent and waiver forms

Register for free access or login.

Related Topics