Jildeh TR, Abbas MJ, Hengy MH, O'Brien H, Gani GS, and Okoroha KR. Informed Consent for the Orthopaedic Surgeon. JBJS Rev 2021; 9(7).
In the United States, orthopaedic surgeons have a legal obligation to obtain informed consent from patients before performing surgery; it is a process that includes a signed written document. There are specific legal requirements that vary somewhat by state but generally include disclosure and documentation of the diagnosis, an explanation of the recommended procedure, a conversation about the risks and benefits of the procedure, and a discussion about alternative treatments. Inadequate disclosure of risks and alternatives is associated with increased indemnity risk. Studies have shown that many consent processes and forms are suboptimal.