Revised Laws of Saint Lucia (2023)

14.   Operations

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   (1)   Subject to subregulation (2) of this regulation, no surgical operation shall be performed on any patient in a private hospital without the consent in writing signed by the patient or his or her representative on the approved form (Schedule 1) or in the case of a minor by his or her parent or guardian. When sterilizing patients there should be a special consent form so worded that the surgeon can satisfy himself or herself that the patient understands the type of operation to be performed.

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   (2)   Where the patient is unable to give his or her consent and where the relative is not available and where in the opinion of the surgeon such delay would endanger the patient's life such consent is not necessary.

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   (3)   A history, physical examination and a written pre-operative diagnosis shall be recorded by the operating surgeon or any fully registered medical practitioner authorised by him or her before a patient is submitted to any anaesthetic or surgical operation.

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   (4)   Where the operating surgeon is of the opinion that the delay that would be occasioned in obtaining the information mentioned in paragraph (3) would be detrimental to the patient, he or she shall so state in writing, but in such an event, he or she shall record in writing and sign the pre-operative diagnosis.

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   (5)

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      (a)     Every operation performed in a private hospital shall be adequately described in writing by the surgeon or his or her assistant and such written description should form part of the patient's record.

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      (b)     The superintendent of every private hospital shall ensure that an Operation Register is kept showing the name of the patient, the date of the operation, the nature of the operation, the name of the surgeon, the name of the anaesthetist, the anaesthetic given and the time the operation began and was completed.

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   (6)   The anaesthetist shall be a registered medical practitioner and shall furnish a record showing the type of anaesthetic given, amount used, length of anaesthesia and the condition of the patient following the operation.

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   (7)   A surgical procedure shall not be performed in any private hospital which does not provide sterile equipment or facilities for sterilising instruments and other operative equipment to the satisfaction of an inspector.

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   (8)   A major surgical procedure shall not be attempted within a private hospital without a sufficient number of qualified assistants.

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   (9)   Any tissues or sections of tissue removed during an operation or curettage shall be immediately set aside by the surgeon operating and together with a short history of the case and a statement of the findings during the operation, shall be forwarded by the Superintendent to a laboratory approved by the Chief Medical Officer for examination, but any tonsil, appendix, tooth, frenum, haemorrhoid, finger, toe, hand, foot, arm or leg removed or amputated shall not be so forwarded unless the surgeon desires a special examination.