Ms. Foltz: In Illinois, the law requires that all tissue removed in a hospital setting be sent to pathology. It may not be in your hospital bylaws, but don’t assume that means it’s not a state law.
Was it appropriate to do the lateral rhinotomy or was that outside the standard of care?
Dr. Goldberg: I’m one who typically approaches these with an endoscopic approach; I think my visualization is better. I definitely believe you should inform the patient that there are two ways to do this operation.
What should be disclosed to the patient?
Ms. Foltz: I have always believed that the standard of care requires us to disclose unanticipated outcomes, because if something goes wrong during surgery or during treatment, you can’t get appropriate informed consent without disclosing what really happened. Now, when you’re talking about seeing someone else’s mistake, you are not legally obligated, at least not in Illinois and not by federal law, to disclose that you think the other person may have made a mistake.