Below is a portion of the Consent for Services that is included on the printed estimate.
“I understand that during the performance of the forgoing procedure and/or operations, unforeseen conditions or complications may be revealed that necessitate an extension of those procedures or operation or even different procedures or operation than those set forth above. I understand that these complications can include death from anesthesia. Therefore, I hereby consent to and authorize Carolina Veterinary Specialists to perform such procedures and/or operations as are necessary and desirable in the exercise of the veterinarian’s professional judgment. I also authorize Carolina Veterinary Specialists to use appropriate anesthetics and other medications and I understand that hospital support personnel will be employed as deemed necessary by the veterinarian.”
Although the statement is devoid of the words “financial, responsibility and post-operative,” Dr. Robert Bergman, medical director at the CVS Matthews hospital, claims:
“This statement is made by Carolina Veterinary Specialists to ensure the client is aware they must assume any financial responsibility due to post-operative complications. Mr. Manecke was informed of all reasonable risks involved prior to surgery. This list of risks included infection, and he gave his consent for treatment.”
Additionally, the only risk identified is that of death from anesthesia and the scope of the statement is clearly limited to “during the performance of the forgoing procedure and/or operations.” Dr. Bergman has chosen not to address the “use appropriate anesthetics and other medications.”
The AVMA states the following regarding use of the Standard Consent Form:
NOTES FOR POTENTIAL USERS OF THE STANDARD CONSENT FORM (Not to be printed as part of form)
It should be understood that this form will not protect the veterinarian from liability for malpractice (negligence). Releases from liability for malpractice executed by a client prior to the occurrence of the negligent act are generally disfavored by the courts. The proposed form is designed merely to protect the veterinarian from liability for intentional acts such as interference with another’s property which means, in fact, permission to do the operation(s) or procedure(s).