From the scenario, it was gathered that documentation procedures demanding patient approval is necessary to safeguard patient's rights and security. Knowledgeable agreement is one way to guarantee patients' rights are not dishonored. With informed consent, the medical doctor is responsible for disclosing appropriate information to allow the patient to make an educated decision after viewing the different options and preferences. If the patient is not stable to make the decision, the court can choose a power of attorney, usually a family member but can be an agent, to have authorization of making medical/financial decisions on behalf of the patient. Documentation can help both the doctor and the patient in the occurrence of a lawsuit. It is a lot of times said that "If it is not documented it never happened." If the surgeon and other members of the medical team fail to have adequate documentation, the patient could indeed win if he/she proceeds to take the doctor to court.
A lot of patients fail to realize that the care giver is not always the person responsible for reporting incidents. The party accountable is always the physician, or doctor, and if no doctor is available then the nurse is charge is responsible. The patient must be stable enough to comprehend the risks and benefits to be liable for the informed consent. I say this because most health facilities and hospitals require written consent. If a patient refuses a treatment or medication but is not fully aware, knowledgeable, or of age, a facility, medical doctor and/or entire hospital can still continue by stimulating a patients' right to refusal based on previous consent.