Consent requirements for pelvic examinations

Robert Byrick

doi:10.1503/cmaj.112-2060

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Re:Accountability of the College of Physicians and Surgeons of Ontario for their policies
Robert Byrick

Posted on: 11 September 2012
Accountability of the College of Physicians and Surgeons of Ontario for their policies
Ian A. Cameron

Posted on: 07 September 2012

Posted on: (11 September 2012)
Page navigation anchor for Re:Accountability of the College of Physicians and Surgeons of Ontario for their policies
Re:Accountability of the College of Physicians and Surgeons of Ontario for their policies
Robert Byrick, President
The College policy "Professional Responsibilities in Postgraduate Medical Education" relates to examinations performed solely for educational purposes and specifically states that "an examination is defined as "solely" educational when it is unrelated to or unnecessary for patient care or treatment." For example, if an examination for the purposes of a clinical demonstration was going to be performed while a patient was...
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The College policy "Professional Responsibilities in Postgraduate Medical Education" relates to examinations performed solely for educational purposes and specifically states that "an examination is defined as "solely" educational when it is unrelated to or unnecessary for patient care or treatment." For example, if an examination for the purposes of a clinical demonstration was going to be performed while a patient was under sedation, consent would need to be obtained prior to the examination. This does not apply to the scenario posed by Dr. Cameron as the policy does not relate to situations where the examination is necessary for patient care or treatment.
Conflict of Interest:
None declared
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Competing Interests: None declared.
Posted on: (7 September 2012)
Page navigation anchor for Accountability of the College of Physicians and Surgeons of Ontario for their policies
Accountability of the College of Physicians and Surgeons of Ontario for their policies
Ian A. Cameron, MD
Robert Byrick MD, as President of the College of Physicians and Surgeons of Ontario, wrote a letter in the CMAJ 184(12)under the title Consent requirements for pelvic examinations. In his letter he states that, "express consent of the patient must be obtained (whether the patient is conscious during the examination). [?] The policy also clearly states that if, for any reason, express consent cannot be obtained, the exa...
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Robert Byrick MD, as President of the College of Physicians and Surgeons of Ontario, wrote a letter in the CMAJ 184(12)under the title Consent requirements for pelvic examinations. In his letter he states that, "express consent of the patient must be obtained (whether the patient is conscious during the examination). [?] The policy also clearly states that if, for any reason, express consent cannot be obtained, the examination cannot be performed." I have two questions for Dr. Byrick based on the following scenario: a 23 year old female patient presents in an emergency room with an acute lower abdominal pain, in shock, unconscious and unable to give consent for a pelvic exam. Is your policy flexible enough to permit a pelvic exam under these circumstances? And if the patient died while the doctor was diligently searching for the next of kin to give consent for the pelvic exam, could the family sue you and the College of Physicians and Surgeons of Ontario for negligence for exercising "the authority to hold physicians accountable" for a poorly worded or inflexible policy?
Conflict of Interest:
None declared
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Competing Interests: None declared.