Informed consent
Underlying principles of fully informed consent are surprisingly similar in most countries.
- A competent patient or an alternative decision maker.
- An explanation of choice in a manner and language that the patient understands, covering all material and obvious risks.
- The patient to have time to reflect on their decision unless there is an emergency.
- An opportunity for the patient to withdraw the consent if they so wish.
The law is firmly moving towards personalised consenting. As the Civil and Administrative Tribunal in New South Wales commented in 2021 (Re Grygiel at 341): “The days of the practitioner determining what the patient should or should not know or consent to about their treatment are long gone…it is a patient’s fundamental right to make their own choice about undergoing treatment if that treatment involves a material risk.”
Neeje
NEEJE- The perfect solution for busy healthcare professionals to take personalised informed consent.
The Problem With Current Practice.
Increasing complaints
- "Claims become more difficult to defend where consent was not adequately sought or documented" MPS, UK
- "Consent is a predisposing factor to claims of medical negligence" Vincent C et al., (1994) Why do people sue doctors? A study of patients and relatives taking legal action, The Lancet 343:1609-13
- "Consent can be a common contributing factor in many claims" NHS resolution
- "1 in 10 claims involved consent" AVANT Australia
- "Informed consent, which lay at the heart of the Cartwright Inquiry, has continued to be a major theme in the complaints that have crossed my desk." Health & Disability Commissioner Annual Report 2020, New Zealand
- "Practitioners need to be aware of issues such as capacity, but at its core, the consent discussion is about having the conversation with the patient." Avant Australia
Increasing Payouts
- Cost per claim for Obstetrics for the NHS was GBP 2.6 Million in 2018 Lane J, Bhome R, Somani B. National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade. Scottish Medical Journal. 2021;66(4):168-174. doi:10.1177/00369330211052627.
- NHS UK paid £2.4bn (€2.8bn; $3.1bn) in clinical negligence claims in 2018 https://www.bmj.com/content/368/bmj.m552
- $3.9bn was paid out in the USA in 2018 Diederich Healthcare
- Quebec paid out CAD 206 million for complaints alone in 2020 Canadian MPA
- Average payout claim in Australia was AUD 89,000 in 2009 https://www.actuaries.asn.au/Library/ACS09_Paper_Toh%20et%20al..pdf
NEEJE: The best solution to uninformed consent
Evidence-based
The NEEJE promise is corroborated by evidence: “healthcare systems can reduce costs and elevate their patient-centered care practices by improving patient-provider communication during medical decision making via engagement strategies such as shared decision making” Posner KL, Severson J, Domino KB. The role of informed consent in patient complaints: Reducing hidden health system costs and improving patient engagement through shared decision making. (J Healthc Risk Manag. 2015 Sep;35(2):38-45. doi: 10.1002/jhrm.21200. PMID: 26418139)
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Return on Investment
The emotional price of a complaint is hard to cover, but In 2018/19, each claim, on average, cost over GBP 440000 to the NHS. 1. Lane J, Bhome R, Somani B. National trends and cost of
litigation in UK National Health Service (NHS): a specialty-specifc analysis from the past decade. Scottish Medical Journal. 2021;66(4):168-174. doi:10.1177/00369330211052627
One saved complaint will result in up to 1000x return on investment.
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Easy to use
Taking fully informed consent is a long process, and you need a lot of information to do it right. With NEEJE, you will have the correct information at your fingertips and step-by-step instructions on how to use it, with information boxes providing accurate information when needed. The forms we produce are fully compliant with best practices and legal principles.
Including people with disabilities in decision making
Empowering people with disabilities to consent for clinical interventions. NEEJE is the only product of its kind which empowers people with disabilities like visual impairment, dyslexia, mental conditions, ADHD, autism, cognitive impairment to consent for clinical interventions in a manner that is dignified, easy to use and covers all the legal basis. Try it free now!