3: Patient Education, Decisions, and Informed Consent

Chapter 3 Patient Education, Decisions, and Informed Consent


Decisions affect patient outcomes and the patient experience more than any surgical technique or implant device. A staged, repetitive system of patient education, integrated with detailed informed consent documents, best assures optimal patient education and informed consent.1 Optimal decisions require knowledge applied through valid decision making processes. Few, if any, prospective breast augmentation patients begin the patient experience knowing what they need to know to make optimal decisions for an optimal outcome. Even fewer patients understand alternative decision processes and decision pathways that lead to predictably optimal outcomes in breast augmentation. Current reoperation rates in United States Food and Drug Administration (FDA) and Health Canada studies,24 and the reasons for reoperations and suboptimal outcomes support the previous statements. Data in FDA premarket approval (PMA) studies and current rates of litigation suggest a need and opportunities for surgeons to provide patients better and more information and to improve patient education, decision making, and informed consent prior to breast augmentation.




While patient education is critically important to outcomes, reoperation rates and the patient experience, legally valid and properly documented informed consent prior to having a breast augmentation is equally important. Creating optimal content and decision pathways that satisfy proved educational models and simultaneously satisfying legal requirements for informed consent is demanding. To optimally accomplish these tasks, surgeons must commit time and resources to optimize all areas of patient education and informed consent.



Patient Education and Informed Consent: a Process with Requirements




Informed consent in breast augmentation is a process, not a document or even a set of documents. Current law in the United States mandates that patients, not surgeons, make the ultimate decisions of the specific medical care the patient considers in her best interest. This does not mean that the patient cannot and should not seek information and decision support assistance from her surgeon. Law requires, however, that at the conclusion of the patient education process, the patient chooses treatment options.


To some surgeons, requirements of informed consent law may seem to conflict with surgical training and common processes in surgical practice. As a colleague once stated: “After all, the surgeon, not the patient, really knows best when making decisions regarding size, incision location, pocket location, and implant type and size.” While this colleague’s opinion may be shared by many surgeons, it does not satisfy the requirements of informed consent law.




Informed consent law requires that surgeons inform patients of all available treatment alternatives and provide information explaining the potential benefits and relative risks of each alternative. Surgeons’ perceptions of potential benefits and relative risks are irrevocably linked to the surgical skill set derived from residency and postgraduate training, and from marketing and economic considerations that are a reality in any surgical practice. Potential medicolegal problems arise when surgeons focus on the surgeon’s preferences to the detriment or exclusion of providing comprehensive information to patients and allowing the patients to make informed decisions. Surgeons are certainly free to have and express individual opinions regarding the benefits and risks of any choice. Difficulties can arise when a surgeon expresses personal opinions based on clinical experience and either fails to inform patients of other available alternatives, or manipulates peer reviewed and published information for marketing purposes or to mask a limited surgical skill set. To optimally address patients’ educational needs and legal requirements for informed consent, surgeons should advise patients of all available alternatives, with all known (peer reviewed and published) potential benefits and risks, while honestly advising patients of the surgeon’s personal clinical experience and preferences.



Valid Patient Educational Processes




Optimal outcomes require optimal processes. The processes of patient education and informed consent should logically follow established models of proved educational models and processes that meet legal requirements for informed consent.Figure 3-1 illustrates components that are essential to any valid educational model or process.



From a medicolegal perspective, patient education should be staged and repetitive, providing patients with information, allowing the patient time to digest the information, providing opportunities for the patient to ask questions and clarify the information, and repeating the steps before asking the patient to make definitive choices and decisions. Surgeons can best meet this requirement by providing patients extensive information in printed form prior to the first office visit, have a patient educator spend time with the patient to review the information and answer questions prior to the surgeon consultation, and carefully document each stage of the patient education and informed consent process.




Processes of patient education and informed consent must be comprehensive and carefully documented to assure optimal medicolegal compliance. These requirements can be accomplished while optimizing surgeon time use by implementing a system of information documents, patient choice documents, and informed consent documents that are integrated and used at sequential patient encounters. The system currently in use in the author’s practice has evolved over a 26 year period, has been subjected to detailed legal scrutiny, and has been peer reviewed and published in the journal Plastic and Reconstructive Surgery.1


The primary source of content for our comprehensive patient education is our book entitled The Best Breast, first published in 1999, and now in its second edition. This book is the most comprehensive source of information about breast augmentation for patients, and the second edition is extensively referenced to provide scientific validity for the content based on our peer reviewed and published articles in Plastic and Reconstructive Surgery. The book is available at bookstores and through http://www.Amazon.com, or by calling our office at (+1)214-220-2712. The book website, http://www.thebestbreast.com, contains extensive content excerpts from the book and additional references and links for patients seeking information about breast augmentation.


In our initial telephone calls with patients, we request that each patient read The Best Breast before scheduling a patient educator consultation, because content from the book is much more extensive compared to any series of patient educator or surgeon visits. Content from the book forms an invaluable knowledge base for a patient that subsequently enables the patient to communicate much more effectively with a patient educator and the surgeon. Our comprehensive system then integrates content from The Best Breast with an extensive and constantly evolving system of informed consent documents, and the entire system is designed for surgeon efficiency. Optimally educated patients are capable of making over 90% of all decisions that relate to their breast augmentation before ever seeing a surgeon, enabling the surgeon to focus more precisely on key issues individual to the patient during the consultation and examination process.


To best understand how this comprehensive system actually applies in clinical practice, surgeons should first read the original article from the journal or online at the journal’s website, http://www.plasreconsurg.com. With the overview the article provides, the surgeon should then read in detail each of the individual documents that apply at each patient encounter in order, as a patient would read them. Each of these documents is available in Adobe Acrobat™ pdf format in the Resources folder on the DVDs that accompany this book. Surgeons can use these resources for review or as templates to individualize similar documents.




Table 3-1 lists each of the documents in the author’s patient education in the order in which the documents are used at each patient encounter. Thoroughly understanding this system requires that surgeons read this chapter, and then read each of the informed consent documents in sequence, paying special attention to when and how the documents apply at each patient encounter. A summary of the patient education process will provide a basis for understanding how this document system can be comprehensive, staged, and repetitive, while maximizing surgeon efficiency.


Table 3-1 An overview of the informed consent process and documents























Patient encounter Personnel Document name and number
1. Initial patient call Patient coordinator and/or patient educator

2. Patient educator consult Patient educator





3. Surgeon consultation Surgeon


4. Documents packet provided to patient when surgery scheduled Surgery scheduling coordinator

11. Verification of Informed Consent (*Applicable specialized informed consent documents #12–#20)














* Specialized informed consent documents. One or more may be used depending on patient’s specific choices, medical history, or tissue requirements. Each document listed in the right column is available in the Re sources folder or the DVDs accompanying the book.



Applying Education and Informed Consent Systems in Practice Management





Patient Educator Consultation


The patient educator consultation is usually scheduled on a separate day from the surgeon consultation to allow maximum flexibility of patient educator time with the patient while minimizing potential interference with optimal efficiency when the surgeon is seeing patients.


At the patient educator consultation, the patient views a DVD that reiterates information in The Best Breast, but in a structured manner that defines and clarifies alternatives in terms of what a surgeon can realistically deliver. A copy of the patient educator DVD from our practice is included in the set of DVDs with this book. Patients view this DVD at the time of their patient educator consultation in the office, or prior to the patient educator visit at home. The DVD is designed to be a stark, face-to-face discussion, devoid of entertaining but non-educational distractions, bells, and whistles. The content of the DVD is integrated with and complemented by additional content in a printed document that the patient refers to while watching the DVD in stages. This document, entitled “My Preferences and Information I Fully Understand and Accept”, asks the patient to choose from specific options presented in stages following a discussion of each topic on the DVD.






The patient educator DVD content provides a framework for patient decision making that encourages the patient to choose from realistic alternatives that seek to minimize “gray areas” and present more “black and white” alternatives. The DVD also encourages the patient to list questions or topics for further discussion with the patient educator. While viewing the DVD in stages, the patient reads and signs, paragraph by paragraph, the detailed informed consent document entitled “My Preferences and Information I Fully Understand and Accept” that sequentially asks the patient to make choices after reading the book and hearing verbal presentations on the DVD. These choices and preferences are not final, but provide documentation that the patient has received and understands essential printed and visual information, and further documents the patient’s decision processes. The Choices and Preferences document asks several key questions in two or three different ways, allowing the staff and surgeon to judge the consistency of a patient’s answers and the knowledge level of the patient. Equally importantly, the answers in the document enable staff and surgeon to identify inconsistencies or hidden patient agendas that may or may not be realistic in the patient’s individual clinical setting.


Thoroughly understanding the functionality of the patient education and informed consent system requires that surgeons assume the role of the patient, read all of the written materials and informed consent documents in the system, and watch the entire patient education DVD. Each component of the system has a specific function, and the components integrate to reinforce information and ask important questions repetitively in different ways to test the patient’s understanding of the content and also test the consistency of the patient’s answers.


The patient educator transfers the patient’s preliminary choices to the Clinical Evaluation Form that the surgeon uses during the surgeon consultation, and asks the patient to initial her choices once again on the Clinical Evaluation Form to provide repetitive documentation of the patient’s requests and choices.


The patient educator thoroughly reviews each of the topics in the Choices and Preferences document, answering all patient questions, and encouraging the patient to discuss any additional topics or concerns. A thorough discussion of any questions the patient has listed while watching the patient education DVD or during the patient educator review assures a documented opportunity for the patient to ask questions and have the questions answered to her satisfaction (another opportunity occurs at the surgeon consultation, and a third opportunity with the patient educator before signing operative consent forms). Each opportunity to ask questions and having those questions answered to the patient’s satisfaction is documented repetitively on sequential informed consent documents used at each of the question encounters.



The Surgeon Consultation


Prior to the surgeon consultation, the patient has read an extensive amount of information, reviewed information in stages, viewed a patient education DVD, stated her preliminary preferences and choices on the Choices and Preferences document, and completed a patient educator consultation to review and clarify the information and answer questions. With this preparation, the surgeon consultation can focus on quantifying the patient’s tissue characteristics and breast measurements, and answering the key question, “Knowing the patient’s preferences stated on the Choices and Preferences document, and quantifying patient tissue characteristics, can the surgeon predictably deliver what the patient is requesting with optimal safety and efficacy long-term?” The patient education, decision making, and informed consent process helps the patient reconcile her wishes with the realities of her tissues. If any of her requests are suboptimal given her individual tissue characteristics, surgeon and patient reconcile potential compromises, and finalize choices during the surgeon consultation.




Before entering the consultation room, the surgeon reviews the patient’s Choices and Preferences document, and assures consistency of the choices on that document with choices that the patient educator transferred to the Clinical Evaluation Form. This content is included in Adobe Acrobat™ pdf format in the Resources folder on the DVDs that accompany this book.


During the surgeon consultation, the surgeon completes five basic measurements and makes five critical decisions in less than 5 minutes using the High Five™ System. This system is discussed in detail inChapter 4. Using this quantifiable, efficient system, the surgeon completes choices of pocket location (soft tissue coverage), implant volume, implant type, position of the inframammary fold to set intraoperatively, and incision location. The surgeon can ask the patient to initial these choices at the time of the surgeon consultation, assuring another level of documentation of the patient’s choices.



The funnel analogy—understanding what is optimal fill for each individual patient




During the surgeon consultation, discussing a “funnel analogy” often helps the patient understand optimal fill for her individual breast dimensions. The following dialogue from the surgeon has been extremely useful in helping patients understand the concept of optimal fill based on individual tissue characteristics.



You must choose the appearance you prefer, choosing whether you prefer a more natural appearing breast, or a more rounded, basketball appearing upper breast [the surgeon can choose a personal descriptive analogy; the analogy should attempt to eliminate “grays” and ask for “black and white” choices]. Once we know your preferences, our measurement system provides a very accurate approximation of the amount of fill required to produce the look you desire, given the width of your breast and your individual amount of skin stretch.


The wider your breast, and the greater your skin stretch, the greater the amount of fill that we must place into your breast to fill it adequately for an optimal result. If we stop short of the optimal amount of fill, your upper breast will not be adequately filled, and your breast may have a “rock in a sock” appearance. In the opposite situation, if you have a narrow breast and minimal skin stretch, your breast does not require and will not accommodate as much fill. If we attempt to place excessive fill in your breast, you may have excessive upper breast fullness and bulging with a breast that appears more like a basketball compared to a natural breast.


In addition to trying to achieve the appearance you desire, you must remember that even without a breast augmentation, larger breasts tend to lose an optimal appearance and position sooner than more normal size breasts. Remember that your choices now are very likely to affect how your breasts look as you grow older, and the quality of your tissues that a surgeon may have to deal with in the future.


Imagine that we have a funnel in the top of your breast. As we pour fill into the funnel, the lower portion of your breast fills first until it reaches its limit of stretch. This may be a bit uncomfortable, but let’s determine the maximum amount your skin will stretch forward by grasping the skin and pulling it until you feel discomfort and the skin stops (Figure 3-2, A, B). [During this maneuver, the surgeon grasps the areolar skin immediately beside the nipple and stretches it maximally forward, noting the location of maximal stretch with a fingernail (Figure 3-2, B), and then releases the skin. At this maximum stretch distance from the breast, the surgeon cups the hand around the lower pole of the breast at a distance approximately equal to the maximal skin stretch (Figure 3-2, C), and continues the dialog.]


If I cup my hand at an equal distance around your lower breast at this point of maximal stretch, if you will look down, you can visually get an idea of how full your lower breast will be at maximal skin stretch without overstretching or damaging the skin (Figure 3-2, C). From this point of maximal stretch, I will align my pen onto your upper chest (Figure 3-2, D), and you can get an idea of the area under the pen that will be filled in the upper breast.



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Jul 23, 2016 | Posted by in Aesthetic plastic surgery | Comments Off on 3: Patient Education, Decisions, and Informed Consent

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