Informed Consent
Proof of Disclosure
Often informed consent cases come down to a dispute between the HCP and the patient as to what was actually said and whether or not the information was given.
It is usually very difficult for HCPs to remember precisely what happened as they probably seen many patients in a day.
The courts have repeatedly found that the doctors "invariable practice" is admissible and important. If it is always the HCP's practice to discuss side effects, this will be taken into account.
Good documentation describing the patient consultation and the different facts given to the patient is always very helpful.
