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"If you don't fix my toe I will sue you"

Discussion in 'General Issues and Discussion Forum' started by Simon Ross, Feb 27, 2014.

  1. Simon Ross

    Simon Ross Active Member


    Members do not see these Ads. Sign Up.
    A lady who used to be very high up within SCP said that a new patient said something very similar to this to her as soon as he walked through the door.


    She then replied, "goodbye, there's the door". what would others have done?
     
  2. I probably would have laughed and said something like "OK, go ahead, take a number and get in line.";)
     
  3. rosherville

    rosherville Active Member

    How about 'I used to be high up in the SCP' !

    Seriously, at that point you can show them the door but a word of caution. A clinician who decided not to continue treatment because of the patient's attitude was successfully sued for pain and suffering caused by neglect !
     
  4. Simon Ross

    Simon Ross Active Member

    John,

    you mention that the incident that you refer to was a continuation of treatment.

    this was for the very 1st appointment. surely you can't be sued for that!
     
  5. rosherville

    rosherville Active Member

    Simon

    Sorry, I should have been clearer, when I said 'at that point' I meant before treatment had commenced. BUT once a course of treatment had started"............
     
  6. anthony watson

    anthony watson Active Member

    hi guys

    it was at the assessment (1st) appointment in an NHS clinic.

    I was a little shocked and amused when typing it in the subjective part of the computerized notes.

    I just carried on with the assessment and she seemed fine even jolly.
    The foot problem was clawing of the 2-3-4 toes of the right foot with apex corn on the second.

    She had been to a private podiatrist and previous NHS pod.

    Causing factors caviod foot type with poor foot wear and missing brain cells!!!

    thanks
    Anthony:bang:
     
  7. perrypod

    perrypod Active Member

    I think it is simple, the patient is refusing consent for treatment, so therefore, you must not treat them. What they are in fact doing, is withholding consent by insisting that the practitioner becomes captive to the patient's whims of unreasonable subjective demand. In this case, there cannot be any neglect, as the patient has refused treatment by stipulating that they will do so only if their own personal definition of cure is met. There is no suggestion that there has been consent given to treat, so it would not be legal or ethical for the practitioner to proceed to do so.
     
    Last edited: Mar 1, 2014
  8. anthony watson

    anthony watson Active Member


    Hi
    the issue of consent has come up on the arena lots of times.
    I have found some interesting reading in some posts on informed consent.

    As far as I aware if the patient attends for an appointment it is consent for treatment.
    The same way if you attend your dental appointment you consent to dental treatment.

    It is stated in the HPC "rules" that informed consent must be gained.

    The question is what is informed consent and how is it given?

    From my experience it seems to be simple, if you attend for the appointment where it states podiatry. Then you are consenting to podiatry treatment as part of an agreed plan(treatment plan).

    what do others think?
     
  9. perrypod

    perrypod Active Member

    A podiatrist by definition is a physician of the foot. You attend a consultation with a physician for an informed opinion. If after receiving that opinion, you consider that you may wish to be treated by that particular physician, it is up to that physician to explain any diagnostics and test options that they consider appropriate before treatment options are given. If the physician considers that they can assist then they should explain the treatment options to the patient and gain consent. This consent cannot be implied by merely attending the physicians surgery, it must be informed consent. This can be verbal or written, but the treatment plan should be both clear, unambiguous and in the best interests of the patient.
     
  10. Just because a patient demands a certain treatment, you don't have to provide that treatment if you feel the treatment they request is not within your abilities, not indicated for their condition or will produce a poor surgical result. Many times I have had patients wanting foot surgery and I have told them that it wouldn't be a good idea for them and that if they wanted foot surgery, they would have to find another foot surgeon who was willing to do the surgery. I have undoubtedly saved myself many headaches over the last 28+ years by not performing surgery on patients who I thought either were poor surgical candidates or who had too many "red flags" in their history to make me comfortable enough to offer surgery for them. I have learned over the years that when in doubt, don't do the surgery!
     
  11. anthony watson

    anthony watson Active Member

    I understand the need for written consent for surgical procedures and the vital part of any consultation is explaining what we are going to do for the patient.

    But if for example I was to ask the patient what the problem was and came up with a diagnosis.

    And then suggested a treatment plan which the patient said "ok"to.

    is this informed consent?

    wrote it all down in the treatment plan and something went wrong.

    The patient then says no thats not I was told!

    Do we then say we had informed consent for this?

    The issue in question I think is one for a legal minded bod.
    I just follow what work protocols I get given!!

    thanks
    anthony:confused:
     
  12. Tony,

    If I were ever in the need to visit you as a patient, I wouldn't just require written consent, I'd want a second charge over your house, bank account and whatever other assets you might have accumulated, plus I would want a fully loaded 9mm Smith & Wesson semi automatic at my disposal every time I sat in your chair. Please try not to be as much of a tit in future.

    Good luck.
     
  13. perrypod

    perrypod Active Member

    I once had a patient who after receiving treatment, told me he was a wealthy Columbian hill farmer. He said that now that I had been put on reasonable alert as to where his income source came from, did I really think that it was either legal or ethical for me to accept payment?
     
  14. davidh

    davidh Podiatry Arena Veteran

    What a ridiculous thread.
    :confused:
     
  15. anthony watson

    anthony watson Active Member

    Hi David
    Sorry if it was confusing.
    Was just thinking about this thing of consent, and I think perrypod was talking about it.

    The threads comment came from a thread on silly things podiatrist don't want to here and it was one I had during a fist assessment of a new patient in the NHS.

    Seems to have evolved in to this and I agree when I read though it seems confusing.
    thanks
    Anthony

    Oh I love maks comments think Harry Hill has competition!! always loved been called a TIT ha ha.
    Thanks
    Anthony
     
  16. davidh

    davidh Podiatry Arena Veteran

    Tony,

    I find the thread ridiculous because:
    a) it's all hearsay and what-if's.
    b) it gives people the chance to jump in with any old rubbish.
    c) it is a million miles away from anything which may really pose a legal threat to clinicians.

    I'm not confused, just mildly irritated at wasting 5 minutes of my life reading this nonsense.
     
  17. anthony watson

    anthony watson Active Member

    Ok David

    Point taken.

    Thanks
    Anthony
     
  18. anthony watson

    anthony watson Active Member

    well at least I would have legal indemnity insurance!!!!! ha ha ha:boxing:
     
  19. Kaleidoscope

    Kaleidoscope Active Member

    AW
    Oh why don't you just scuttle away and crawl under a stone? Are you for real?
     
  20. anthony watson

    anthony watson Active Member

    ok I give up!

    Mark can dish out crap as he sees fit, with comments that are very personal and make reference to my clinical ability without even knowing who I am.
    He can then call me a "Tit" and as I remember is derogative.

    I then respond to that with a dig at his personal case that he chose to publish on here and the fact that he de-reg himself, for what ever reason (I am not interested in it) which seems fair given his comments about me.

    And hay presto!! you appear well sorryeee I am not one of the followers, all hail mark!!!!!

    Boy am I pis---d who do you think your are!!
     
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