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In 1980, the Supreme Court of Canada held that
the adequacy of the consent explanation is to be
judged by what a reasonable patient in that particular
patient’s circumstances would have expected to hear
before consenting to or refusing treatment.
We are obligated to answer any questions that the
woman may ask regarding risks, and “without being
questioned, disclose to him [her] the nature of the
proposed operation, its gravity, any material risks and
any special or unusual risks ...”.5
CANADIAN JOURNAL OF ANESTHESIA
Recent changes in pain relieving techniques may
have introduced new hazards to labour analgesia. Some
have expressed concern that the frequency of neurolog-
ical sequelae may have increased with the introduction
of spinal and combined spinal-epidural analgesia (CSE).
A recent survey in England suggested an incidence of
neurological sequelae of 1.14 per thousand CSEs.7
However, neurological complications also arise
from pregnancy itself.8 Transient paresthesia and
motor weakness after delivery has an incidence of 1.9
per 1000 deliveries.
Jackson’s study confirms that women today are very
well informed about pain relief issues. Frequently,
women in labour do not want to ask any further ques-
tions. While under the circumstances, this is under-
standable, it is still necessary to explain briefly the
material risks and benefits. Generally, the more fre-
quent the risk, the greater the obligation to discuss it.
Headache, for example, as a result of unintentional
dural puncture occurs with a frequency of 1/100 in
teaching hospitals.6 This is common, and warrants a
comment in all cases. While risks, such as death, paral-
ysis and nerve damage are exceedingly rare, such rare
but serious risks are considered material and require
disclosure. It may be prudent to compare the risk with
something tangible, such as the risk of childbirth or
driving an automobile to the hospital. Detailed expla-
nations are not necessary unless the woman asks spe-
cific questions. Jackson et al. showed that women want
to be informed about potential complications, but
knowledge of potential complications would not dis-
suade most women from consenting to an epidural.
Discussion of risks may be best entertained before
labour. Information pamphlets, which explain the pro-
cedure and the risks in simple language are now com-
monly used. These ideally should be distributed in the
ante natal clinic, so women can read them at leisure. It
is generally not necessary to mention statistics in such
brochures. Brochures help to inform patients about
the proposed treatment but are adjunctive to the dis-
cussion between the doctor and the patient. They do
not replace the informed consent discussion. In indi-
vidual cases some risks (or benefits) may be particular-
ly relevant, and an important determinant of
materiality. We should relate our consent discussion to
these individual circumstances. We should then make
a contemporaneous note of the discussion on the clin-
ical record. In the real world, however, women arrive
on the labour floor without the benefit of previous
discussion, and it is therefore helpful to know that
such discussion can take place while in labour. The
paper in this journal helps us appreciate what most
women want to hear and that they are capable of
understanding the information.
Does the woman need to sign a consent form?
Some hospitals have specific requirements to complete
a form. However, the Canadian Medical Protective
Association (CMPA) reminds physicians that any form
is only one piece of evidence that will be considered by
the courts. Consent forms will be of little benefit if a
patient can convince a court that the discussions were
inadequate or did not take place at all. A consent form
should not obscure the important fact that the form
itself is not informed consent. The dialogue with the
woman, followed by a contemporaneous note in the
chart about the relevant discussion is more important
than a form. We caution anesthesiologists against
refusing treatment for a patient who has given verbal
consent on the basis of administrative delays in obtain-
ing a signed consent form. When circumstances per-
mit, it is advisable to obtain a signed consent form.
A recent survey in the U.S.A. suggests that women
who had to sign a consent form found that written con-
sent would help them “remember and appreciate the dif-
ferent anesthetic options, risks and procedures”, while
some thought a written consent process was “alarming”.9
These forms were really information pamphlets. In
Canada, the CMPA advocates a simple, nonspecific form
such as the one printed in the CMPA Consent guide.4
Patient autonomy is entrenched in our legal system.
A woman owns her body, and has the right to consent
to, or withhold consent for treatment even though it
may not be in her best interests. She also has the right
to change her mind. Not withstanding strong opin-
ions before labour, and in some cases written birthing
plans, a woman can always withdraw her refusal, and
consent to epidural analgesia. Again, a note in the
chart about this will be helpful.
We thank Jackson et al. for contributing to our
understanding of the needs of women in labour.
A young anesthesiologist, who recently gave birth
to her first child, told me when I attended to her
request for epidural analgesia, that “I have never been
so sure of anything in my life, as I am about having
this epidural”. She would epitomize the “reasonable,
fully informed patient”.