Informed Consent Dilema!

In the ED we have patients that undergo procedures in the ED and of course many that go to surgery. Many times the patients going to surgery do not see the physician until they arrive in pre-op. Surgery always complains that the ED didn't get the consent signed. I never get the patient to sign the consent unless its informed consent. (Emergency surgeries are different of course-then you dont need a consent) I was reading an article and came across something that I hope to get some feedback.

Informed consent is an agreement by a client to accept a course of treatment or a procedure after complete information including the risks and facts have been presented by the physician.

The nurse is just a witness to the giving of informed consent.
Then, the (of course) nurse gets the consent signed by the patient after the following has been met:
1. The consent is voluntary
2. Consent must be given by an individual with the capacity and competency to understand.
3. The patient must be given enough information to be the sole decision maker.

BUT...also in this article it states if the nurse only witnesses the client's signature and not the exchange of informed consent between the patient and physician then the nurse shoud write "witnessing signature only" beside their signature.

My question is by writing "witnessing signature only" and documenting in the nurses notes does this cover the nurse legally? Also, can this been done without the patient actually having informed consent? In other words the paper is signed and the nurse "witnessed signature only" be used legally?

Thanks!

My opinion still stands that I will not get it signed myself and will back any of my nurses that don't have the consent signed before surgery, without the patient being informed.