Question

Does a student or preceptor have a duty to obtain informed consent?

A few weeks before the plaintiff was to have a vaginal hysterectomy, she told her gynecologist that she preferred privacy during her surgery. To this end, she crossed out two portions of the physician's consent form before she signed it: she crossed out “I consent to the presence of healthcare learners” and “I consent to the photography o[r] videotaping of the surgical, diagnostic, and/or medical procedure to be performed providing my name and identity is not revealed.” On the morning that her surgery was to be performed, the plaintiff received assurance from the attending anesthesiologist that she would personally be handling her anesthesia. The anesthesiologist's consent form, which the plaintiff signed, read in part: “I understand that my anesthesia care will be given to me by the undersigned or a physician privileged to practice anesthesia.” After the plaintiff was anesthetized, a hospital employee, acting as a preceptor, entered the operating room with a student in an emergency medical technician (EMT) certification program. The anesthesiologist granted permission for the EMT student to intubate the plaintiff. During the unsuccessful intubation, the plaintiff's esophagus was torn.1

1.  Who had the duty to obtain and conform to the informed consent given by the plaintiff?

2. Did the student have a duty to review the patient consent form before the attempted intubation?

3. Did the preceptor have a duty to review the signed consent form?

4. Was the attempted intubation considered battery?

1 Mullins v. Parkview Hospital, Inc., 830 N.E.2d 45 (Ind. Ct. App. 2005).

Answer 1

1. Plaintiff had signed the consent form very clearly. If any other consents were to be taken it was the duty of the physician. In this case her gynaecologist had the duty to obtain and comply by the consent.

2. The anesthesiologust grant permission to attempt in- tubation, student had no reason to suspect that anesthesiologist had insisted on modifying the standard consent form. The student was under no obligation to obtain consent herself or inquire into the consent under which Anesthesiologist was acting.

3. Every actor in medical context is not obligated to obtain consent. The preceptor only asked anestthsiologist for the permission. This is considered as a very loose procedure. Preceptor should have reviewed the consent.

4. The student must have touched patient in harmful and offensive manner without her consent and the contact led to harm of patient. But it was not done intentionally in any manner. Thus it cannot be considered battery.