Informed Consent In Medical Practice

Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed

In this case, the night of January 11, 1983, Nancy Cruzan was driving a car and lost control of her car as she traveled down Elm Road in Jasper County, Missouri. The car overturned, and Nancy Cruzan was discovered lying face down in a ditch without detectable respiratory and cardiac function. Paramedics were able to restore her breathing and heartbeat at the accident site and she was transported to a hospital in an unconscious state. Then neurosurgeon diagnosed her and found that she is having sustained probable cerebral contusions compounded by significant anoxia (lack of oxygen). The Missouri trial court found that permanent brain damage generally results after 6 minutes in an anoxic state and Nancy was in this stage for 12 to 14 minutes.

The standard of care is the attention you would give to any one of your patients in similar situations. A patient’s best interest is the only one to be considered. An appropriate standard of care would be reached in this case study if you would treat her emergency situation as you would any other, regardless of circumstance and act on that accordingly. There should be no favoritism of judgment in your standard of care. (Caldwell & Connor, 2012, pg. 27).

Informed consent, by definition, requires the administering health care provider to disclose appropriate information to a competent patient, and allow that patient sufficient time to choose, voluntarily, whether to accept or refuse treatment (Appelbaum, 2007). For children, the law upholds an inability to provide their own informed consent as they lack the decisive ability inherent in consent (Appelbaum, 2007). Thereby, for children, a proxy, as determined by the state laws, chooses the course of treatment on their behalf (Appelbaum, 2007). Furthermore, for children of, an undesignated, reasonable age, a consultation about assent, or willingness for acceptance of treatment or care, should follow a guardian’s decision (Appelbaum, 2007). Responsibility

As a professional administering and delegating care to a patient you have a great responsibility to communicate with them. The world of healthcare is large and to the general public is utterly confusing. As the professional you need make the patient feel secure about the care they are receiving. It also lends itself to informing the families of the patient as well. If the patient is confused, it’ the job of the professional to be the teacher. It’s not enough for the information to be given, the information needs to be interpreted.

According to According to (Gerald, Corey, Schneider, & Callanan, 2015) “Informed consent involves the right of clients to be informed about their therapy and to make autonomous decisions pertaining to it” (p.154). Section B of the ASCA National standards for School Counselors states “Recognize that providing services to minors in a school setting requires school counselors to collaborate with students’ parents/ guardians as appropriate” (pg.6). Since I will be working in the school system. I have to be aware that parents and guardians are heavily involved with the student’s school counseling experience.

Informed consent according to Howard Brody is overlooked and not integrated into the health care system properly. The patients’ needs and desires are not met due to the lack of respect for patient autonomy and the overall experience is therefore negative. The legal standards that are currently in place do not explicitly state what is expected of them, therefore creating confusion. In order to resolve this issue, Brody proposes a standard that includes the best-operationalized features of other models, one known as the conversation model. This model is very similar, yet has flaws such as extensive time requirements and justification of a conversation as receiving informed consent in respect to the law. He describes that informed consent is when a patient is reasonably informed and capable of participating in the medical decision making process. Reasonably informed can be described by using two

It is up to medical professionals to properly inform patients on what their medical options are and the risks associated with various treatments. This paper will discuss: whether a basic consent form properly informs patients of their rights,

In these situations where a patient may not be able to ensure they are informed lawfully, it then becomes the medical staff’s moral Duty to advocate for the patient to protect them, this involves ensuring enough information, that can be tolerated and is amoebic to the situation is

B. Do patients have the rights to make decisions with informed consents? The wellbeing of the patients is the main priority. What are the overall health risks and what are the benefits? Respecting the patients’ rights is bases on personal belief. It is also based on the understanding of that individual’s thoughts and or fears of what is the best option for them. Where is the physician and do we have complete confidence in his thoughts and does he have confidence is the ability of the patient to make this decision.

Prior consent we should consider confidentiality. Confidentiality is the bedrock of trust upon which information can be freely and securely exchanged within a practice protected by law. The Human Rights Act, which encompassed the European Convention on Human Rights into UK law, recognizes the importance of confidentiality under Article 8 of the Convention, that everyone has the right to respect for his private and family life, his home and his correspondence.

Very true when you say that informed consent is the core of autonomy, because the patient has the right to accept or not the indicated treatment although their decision endangers their lifes. Our responsibility is to educate the patient and family about the accepted benefits the risk and complications and fully express their treatment. “Emancipated minors are persons under the legal age who are no longer under their parents’ control and regulation and who are managing their own financial affairs” (Guido, 2014, p.127). In Puerto Rico it can be signed for people 21 years old and only if these are emancipated or married is when they can decide about their care, people under 21 need the consent of their parents or legal guardian unless it is an

In Australia it is a requirement for a person to give consent when receiving any medical treatment. Whether it be consent by an adult on behalf of a minor or an adult consenting for themselves. This concept appears to be quite candid; however when faced with a complex and challenging situation, it becomes difficult to distinguish the validity of the individual’s consent. The case Re Bruce [2015] will explore the legal and ethical issues of medical consent in exceptional circumstances. The examination of relevant legislation including the Guardianship and Mental Health legislation and the Universal Declaration on Bioethics and Human Rights will assist in answering this question. Furthermore, a number of stakeholder positions, such as spouses, medical practitioners and contents of the law and its application in practice will be investigated in order to identify if this case possess a lawful justification.

The hospital is responsible, as the room staff had the responsibility of verifying consent before preparing for the procedure. The hospital should guide all staff including the medical faculty of the importance and legal repercussions about the informed consent. The staff must ensure that the will of the patient is documented and the evidence of this orientation, because in a legal process what is not documented is not valid and the doctor can not rely on the benefit that its decision had on the patient and if the patient express his decision it should have been documented. So the re orientation is necessary to prevent a recurrence of this

Ridley DT. Informed consent, informed refusal, informed choice—What is it that makes a patient’s medical treatment decisions informed? Med Law.