[...]... cooperate better with the health care professional in treating those side effects, and the therapeutic process is thereby facilitated Standards for Disclosure There are several competing standards detailing the amount and type of information that the health care professional should convey to the patient The test selected has both philosophical and practical ramifications The most complete and hence most legally... (Brushwood, 1997), and other health care professionals should endeavor to reassure anxious patients and families and to respond to their questions accurately and compassionately When confronted by questions that properly should be answered by the attending physician, though, other professionals should firmly but sensitively refer the questioner to the physician and inform the physician that the patient or... Nonetheless, the health care professional is advised to do all that he or she can to minimize any coercion inherent in the therapeutic relationship and to give advice and make recommendations in as nonpressured and empathetic a manner as possible Such a practice best respects the older patient as a person, promotes the therapeutic value of the intervention accepted, and protects the legal flanks of the. .. methods of administration and obtain the patient' s consent to be anesthetized If a patient has been referred by one physician to another, the specialist or subspecialist to whom the patient is referred is personally obligated to obtain the patient' s 20 Geriatrics and the Law valid consent to any proposed interventions The referring physician should disclose as much as possible to the patient, but such disclosures... because they feel more dependent on their health care professionals and more deferential toward their judgment (Beisecker, 1988) When the health care professional has purposely withheld information about the nature of a medical intervention, the patient- plaintiff's burden of proof under the reasonable -patient standard is much more easily satisfied than under the professional standard Under the latter,... Where two professionals—for example, a surgeon and an anesthesiologist—have discrete functions, the division is relatively easy The surgeon should disclose the relevant facts concerning the operative procedure, mentioning anesthesia risks but leaving a detailed explanation to the anesthesia specialist The anesthesiologist should separately discuss the risks of anesthesia and alternative types and methods... Promise 16 Geriatrics and the Law or additional count in the patient' s complaint (Klingenstein, 1992) The basic theory is negligence, or giving care that falls below a minimally acceptable standard of quality If the proof of negligence is inadequate, the patient may hope to prevail in the remaining cause of action, namely, lack of valid consent If the injury to the patient is substantial but the evidence... way, mindful of the human characteristics and values of the particular patient, it is the proper fulfillment of one's professional duties It emphasizes the dialogue nature of real informed consent (Schouten, 1989) Doubts and uncertainties existing in the mind of the health care professional regarding the proposed intervention also should be shared frankly with the patient and family 9 The financial costs... aged 75 to 84, and those aged 85 and over The 75-84 and the 85+ cohorts are the fastest-growing segments of the population In 1995, the 65-74 age group (18.8 million) was 8 times larger than in 1900, but the 75-84 group (11.1 million) was 14 times larger, and the 85+ group (3.6 million) was 29 times larger (AAEP, 1996) The vast majority of the total population aged 65 and over live in the community... specific patient The institution's consent policy should be integrated into its overall risk management program The quality of provider /patient communication very directly affects the patient' s satisfaction with the quality of the overall provider /patient relationship That satisfaction (or dissatisfaction), in turn, strongly shapes the propensity of the patient or family to file a 22 Geriatrics and the . Cataloging-in-Publication Dala Kapp, Marshall B, Geriatrics and the law: understanding patient rights and professional responsibilities / by Marshall B. . Third Edition Understanding Patient Rights and Professional Responsibilities Marshall B. KappJD, MPH Springer Publishing Company and the aw e eriatrics ^ Copyright