DAVID HOFFMAN, JD: Right. It is not the physician's objective to just protect themselves. Lots of physicians see informed consent as a way of avoiding legal liability. But in reality, as a matter of professional practice standards, informed consent is the physician's way of bringing the patient into the process. To do that, the physician has to exercise a measure of skill, just as he or she has to in actually performing the procedure. So the physician has to identify what are the probably or what are the reasonable risks of this procedure, and what are the legitimate alternatives?
DAVID MARKS, MD: Can you give me an example that you've heard about or that you've seen where there may have been a problem with the information or the consent that was given?
AYTAN BELLIN, JD: Very often -- I shouldn't say very often -- but often, when patients come into hospitals, let's say for a surgery, they're given a pile of forms upon their intake, and in that pile of forms is what's called an informed consent form. Usually these forms say something to the effect, "I have been informed by my physician of all the risks, benefits and alternatives of this treatment, and I consent to the treatment." Usually the form does not list what exactly the treatment was, what the physician told the patient, and often, unfortunately, the patient really isn't told anything.
DAVID MARKS, MD: Give an example, a real-life example.
