Two orthopaedic surgeons and Auckland District Health Board were found to be in breach of the Consumers Rights Code for failing to inform a patient he would be receiving a bone graft from a dead person.
The Auckland District Health Board has been forced to amend its informed consent policy and review its "Agreement to Treatment" form by Health and Disability Commissioner Anthony Hill.
The patient recalled being told bone shavings would be taken from his own hip and put between the vertebrae in his neck.
Instead, the graft was taken from donated material.
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Hill said both surgeons failed to provide the patient with sufficient information before surgery.
One failed to keep records of communication with the patient.
Hill recommended the surgeon undertake further training and those involved provide a written apology to the patient.