HE VALUE OF GOOD DOCUMENTATION
The informed consent process can also be used by counsel as an indirect means of establishing whether a physician or his or her medical practice is detail oriented. In most health care liability claims, the key player is the physician. The physician's conduct and credibility are very important. Evidence that a physician fully involves the patient in selecting treatment options, timing the treatment, and reviewing the risks and hazards associated with that treatment is beneficial. This evidence can be used by counsel to establish a physician's credibility beyond his or her own conduct at deposition or trial. It creates information the jury can review during deliberations. The absence of this detail in a physician's chart can hinder counsel, even if the physician is very charismatic and presents very well at deposition or trial. Sloppy documentation by a physician who does not present well can be troublesome and damaging.