Elective surgery and "informed consent"

A contradiction in terms one would say, right? As lawyers we look at a lack of informed consent as a basis for negligence. In cases where the patient approaches the medical practitioner for an elective procedure this becomes obscured. Informed consent essentially in laymen's terms is an agreement between a doctor and a patient as what harm would be allowed and will be acceptable. Should a doctor neglect to inform the patient of all the harm that may befall them then the patient may feel that they lacked informed consent. This in itself is an anomaly as the human body is too dynamic to predict all the dangers but that's a topic for another time.

 

Why is it then that in an elective procedure, and I have a natural vaginal delivery in mind here, are the patient not informed of the harm that may befall  them in their choice of delivery? Statistically the dangers involved in both procedures are equal, not similar but equal. Having been through both an elective natural birth and an elective C-section, it astounds me that I was not informed of the dangers involved in particularly the natural birth such as episiotomies, fentonplasty, cystocoele, rectoceles,  anal sphincter repairs, fistulas and many many more side effects that may be experienced by a woman during a "natural" vaginal delivery. Have any of you ever been told that? Did your partner know, where you informed of the risks of a C-section versus a vaginal delivery and told to think about it and decide which is best for you? I bet you weren't.

 

So now my question is if you undergo an elective procedure, can we argue that there is an ethical obligation on the doctor to inform you, irrespective of it being your choice, of the dangers you, and your child, may face? (I still have to encounter a matter in which the health of a child was compromised during a C-section). In my opinion the answer has to be yes. If you approach a financial advisor, a lawyer or any other professional for advice, they will discourage you from going in a direction which may loose you money or cost you a court battle, as such I would argue that you should request a detailed Q & A session with your doctor before any surgery.

 

Would that prevent things from going wrong? No, but at least you will be prepared.