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Orthopaedic Proceedings
Vol. 100-B, Issue SUPP_8 | Pages 34 - 34
1 May 2018
Britten S Samanta J
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Introduction. The case of Montgomery in 2015 considered standards of risk disclosure, whether alternative treatments had been discussed, standards of professional performance, and the importance of patient autonomy. Methods. A survey was devised to investigate orthopaedic surgeons' knowledge of the law of consent and risk disclosure and distributed by Survey Monkey. Results. 194 respondents from a total of 365 consultant orthopaedic surgeons contacted (53%). 85% of respondents were aware that Montgomery is primarily an obstetric case, 14.5% thought it was a spinal surgery case, and 1 respondent (0.5%) thought it was a paediatric surgery case. 99% correctly defined the Bolam test, but 57% erroneously believed that Bolam was still applicable in consent cases. 7% of respondents believed that it was not necessary to disclose a risk of surgery if the risk was less than 1%, and 4% of respondents if the risk was less than 10%. The legal test of materiality was correctly identified by 86% of respondents where a reasonable person in the patient's position would be likely to attach significance to the risk. 5% erroneously believed that provision of a standardised, printed information booklet provides sufficient risk disclosure for the individual patient to give their informed consent. 97% were aware that the surgeon must discuss reasonable alternative treatments including ‘no treatment’. Only 28% were aware that when a surgeon refers a patient for an interventional radiology procedure, it is the referring doctor who should formally hold and document the initial consent discussion. Discussion. General awareness of Montgomery was satisfactory, including the need to discuss alternative treatments including ‘no treatment’, and the qualitative concept of material risk. There was less understanding that material risk is independent of any quantitative rate of occurrence. Over half of consultants erroneously believed that the Bolam test was still applicable in consent cases. Small numbers of respondents erroneously thought that an information booklet constituted sufficient information disclosure. There was widespread misunderstanding that if a consultant surgeon refers an individual for an interventional radiology investigation it is in fact for the referring doctor to hold the initial consent discussion. Further training is required in respect of several issues raised by Montgomery


Orthopaedic Proceedings
Vol. 94-B, Issue SUPP_XXXVII | Pages 351 - 351
1 Sep 2012
Gaskin J El-Osta B Zolczer L
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Introduction. Neonatal fractures are often quite distressing to parents and medical teams involved. Their management can be daunting due to the small size of the patient, the concern of the new parents and the fear of the obstetric staff about litigation and deformity or long term disability of the neonate. Aim. This study assesses the radiological and functional outcome of neonatal fractures up to two years post injury. Methods. We reviewed the notes of neonates at our hospital who sustained fractures spanning a 4 year period. Clavicle and humeral fractures were treated in a swaddling bandage for 3 weeks. Femoral fractures were treated in a gallows traction for 2–3 weeks. Xrays were taken once weekly. Patients were examined two years following their injury and function of the affected limb was assessed and compared with the unaffected side. Radiographs of the previously fractured bones were also taken at the 2 years follow up. Results. Eighteen (18) neonates sustained fractures predominantly due to birth trauma. There were four clavicle fractures, one fracture of a humerus, three femoral and 10 skull fractures. All seven (7) patients extremity fractures healed satisfactorily clinically and radiologically, with no residual deformity, limb length discrepancy or functional impairment at 2 years follow up. All parents were very satisfied with the outcome. Discussion and Conclusion. Neonatal fractures occur in <1% of births. Causes include birth trauma and congenital bone disease. Neonates with fractures are referred for Orthopaedic management which can be intimidating due to the infrequency of management of this cohort of patients. In our study all of our neonates with long bone fractures had good radiological results and no functional deficit when reviewed after 2 year. Clinicians can be reassured that neonatal fractures have a propensity to heal rapidly without residual functional or radiological abnormality as long as alignment is grossly maintained initially