SCOPE OF AUTHORIZATION DID NOT EXTEND TO SURGERY
ON THE OTHER EAR
In Mohr vs. Williams (Minn., 1905), Anna Mohr consented to an operation on her
right ear, During the surgery, the physician realized that surgery was actually
required on the left ear, and so he proceeded with the left ear surgery. The physician
was found liable for failing to obtain express consent for the particular surgery
required.
CONSENT FOR REMOVAL OF A LEFT INGUINAL HERNIA DOES NOT IMPLY
CONSENT FOR REMOVAL OF A RIGHT INGUINAL HERNIA
In Kischinsky vs. McMahon (N.Y., 1953), the patient sued the surgeon for repairing a
right inguinal hernia, when consent had been given for surgery on an inguinal hernia
on the left side. The patient was referred by his family physician to the surgeon for a
left inguinal hernia, which the family physician had found on examination. The
surgeon confirmed the existence of a left inguinal hernia upon examination and
recommended an operation to repair it. On the day of surgery, a blackboard near the
operating room erroneously indicated that an operation was to be performed on the
patient's right inguinal hernia. The surgeon and his assistant actually found and
repaired a moderate-sized hernia on the right side. But, the physician was found
liable, anyway. A physician who fails to conduct a preoperative exam or check his or
her records before an operation is negligent. By operating on the opposite side of
the body than that which was intended, the physician was deficient in the degree of
care skill and diligence provided
1-7.
EXPRESS CONSENT
Express consent, oral or written, is the preferred form of consent. There are a
few procedures, especially those involving reproduction, for which some states require
written consent. With the exception of these few procedures, either oral or written
consent can be legally sufficient authorization. While, in theory, there is no difference
between written or oral consent, it is difficult to prove that an effective oral consent was
given. Therefore, most providers seek written consent.
express consent: consent given by direct communication, either orally or in
writing.
MD0067
1-8