Consultants who conduct tests or procedures on a patient must first obtain
proper informed consent. They must inform the patient of any risks involved
and any available alternatives. In the case of diagnostic tests, the patient
should be told about the reliability of a test and whether it will make any
difference in the choice of therapy. A patient is likely to be angry if he or she is
injured by a test that is of diagnostic interest to the physician but has no
bearing on how the patient will be treated. Informed consent to dangerous
tests is sometimes complicated by the unwillingness of the attending physician
to acknowledge the risks of the procedure, thus undermining the consent
obtained by the consultant.
Consultants should always determine for themselves if any contraindications
exist to a particular procedure or therapy. For example, it is not a defense to
say that the chart did not record that a patient was allergic to iodine. The
radiologist is responsible for taking an adequate history to determine that it is
safe to do an iodine dye study. And the nephrologist who orders an
intravenous pyelogram (IVP) should personally ascertain that the patient is not
dehydrated, is not pregnant, and is not allergic to the dye. The legal
expectation is that all the physicians involved in the procedure will exercise
caution to prevent avoidable injuries to the patient.
The results of tests and the recommendations of the consultant must be
transmitted to the attending physician in a manner consistent with the urgency
of the patient’s condition. For example, a cardiologist who reads all
electrocardiograms in a hospital may have the reading posted on the chart by
the next morning. If a routine ECG turns out to have a life-threatening
arrhythmia on it, the cardiologist must ensure that the patient is treated
immediately. This duty is not discharged by noting the arrhythmia on the
report and sending the report to the patient’s chart, to be seen many hours
later.