"Failure to Obtain Consent"

The role of the physician and staff in this patient safety scenario was significant in the outcome for the patient. This scenario deals directly with the patient safety concepts of informed consent and full disclosure. Dr Fredericks failed to obtain consent to place the stents, which he place anyway based on a conversation he had with the patient, even though to patient crossed the portion out regarding stent placement on his consent form. Dr Fredericks also failed to execute full disclosure with the patient regarding other options for treating his 30-35% blocked arteries that were noninvasive and much less risky. Dr Fredericks also failed to fully disclose the possible outcomes of the surgery, including the need for prolonged treatment and monitoring for the use of dangerous blood thinners because no with the stent placed the patient may actually be at a greater risk for stroke due to blood clots, when the entire reason for doing the cardiac cath in the first place was to prevent and myocardial infarction or TIA/CVA due to blockage in the arteries.

What do you think will be the Cardiologist defense in this case? If he used "verbal consent" from the patient just prior to the procedure, do you think he will be able to prove it?