When a patient is made aware of the risks of a procedure and agrees to the risk there could still be a lawsuit. Informed consent is simply one argument among many and in many cases juries allow differing degrees of credibility to it. There is a tool that can be used to ensure that the patient is not passively signing a document but is participating in understanding their choice and documenting it properly. This white paper reviews this tool and how to emphasize patient participation.
Dr. Ken Broda-Bahm is a senior litigation consultant with Persuasion Strategies and has provided research and strategic advice on several hundred cases across the country for the past 16 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.
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