Informed consent is a very important part of surgical treatment. In this paper, we report a number of legal judgements in spinal surgery where there was no criticism of the surgical procedure itself. The fault that was identified was a failure to inform the patient of alternatives to, and material risks of, surgery, or overemphasizing the benefits of surgery. In one case, there was a promise that a specific surgeon was to perform the operation, which did not ensue. All of the faults in these cases were faults purely of the consenting process. In many cases, the surgeon claimed to have explained certain risks to the patient but was unable to provide proof of doing so. We propose a checklist that, if followed, would ensure that the surgeon would take their patients through the relevant matters but also, crucially, would act as strong evidence in any future court proceedings that the appropriate discussions had taken place. Although this article focuses on spinal surgery, the principles and messages are applicable to the whole of orthopaedic surgery. Cite this article:
Joint replacement of the hip and knee remain
very satisfactory operations. They are, however, expensive. The
actual manufacturing of the implant represents only 30% of the final
cost, while sales and marketing represent 40%. Recently, the patents
on many well established and successful implants have expired. Companies
have started producing and distributing implants that purport to
replicate existing implants with good long-term results. The aims of this paper are to assess the legality, the monitoring
and cost saving implications of such generic implants. We also assess
how this might affect the traditional orthopaedic implant companies. Cite this article:
