Informed Consent: Uncertainty In Health Care

Although the authors agree with Katz on his view of sense one and sense two, they reason that his model of shared decision making is nothing like informed consent. Shared decision making is when the doctor and the patient reach a conclusion that satisfies them both, but the authors do not agree with this notion because it violates the idea of informed consent by involving the doctor’s opinion. In sense one, the second condition states there should be no manipulation or coercion in true informed consent, and shared decision making does not recognize

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

Another issue with the implementation of Informed consent arises when the patient waives the right to Informed consent and leaves the right to make the decision on the physician. Though legally correct, this can cause psychological stress for the physician especially when the decision is about a life threatening medical condition. Moreover, this also makes the patient vulnerable to abuse. (Manthous, DeGirolamo, 2003)

Patient informed consent refers to the situation where the patient is fully informed on the consequences of their health care decision after which the patient gives the decision. For there to be informed consent, there are five elements that must be discussed. The first is the nature of the patient's decision then the applicable alternatives to the proposed intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives. Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's competency to make the decision must be addressed. The criteria for evaluating the patient's competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided the person is able to understand, retain and use information provided and to communicate their decision in any way such as talking or sign language, they are competent to make a decision. If a patient is treated against their refusal to consent, it amounts to the tort of battery or can also be considered the crime of assault. In addition to this, laws that touch on human rights reinforce the importance of the protection of the physical integrity of the individual in terms of their right to respect of their private life. Therefore, refusal of medical treatment is a human right.

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.

A physician who does not provide this to his/her patient may be liable for battery or negligence in the light of the doctrine of informed consent (Thorton 2000). As patients are entitled to this information, physicians possess a duty to disclose regarding risks and hazards, while performing the procedure or treatment as agreed with the patient. If the doctrine of informed consent did not exist, physicians would be able to perform medical treatments, procedures, without a patient’s consent or full knowledge of the perils of healthcare. In addition, healthcare demands trust which is necessary between patients and physicians in order to deliver beneficial health outcomes. If the doctrine of informed consent is not performed between the patient and physician, then trust diminishes resulting in poor health outcomes (Roach 2014). An example of deliberate harm due to uninformed consent exist in the research conducted in the Tuskegee experiment, where treatment was withheld and subjects were not informed of their illness or available treatments (CDC 2013) resulting in poor health and

An informed consent is the sovereign act by the patient or a research subject to authorize a healthcare professional to perform a medical procedure. It means that patients must be briefed on all the goals of the procedure, the methods to be used by the physician and all the risks that they might be subjected to while undergoing therapies/treatments. De Bord (2014), defines informed consent as “Informed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment” (as cited in Appelbaum, 2007). In this paper, I will argue that Jay Katz’s claim for the lack of genuine informed consent in healthcare field is firm by demonstrating and buttressing his claim. I will also pinpoint how Jay Katz’s argument is consistent with the medical professionals’ code of ethics

The two ethical violations exhibited by the worker in this case are; informed consent and competence.

Informed Consent allows a doctor to render treatment to a patient. By signing the document states that the patient understands the circumstances and what is required. This paper is to analyze the consent and non-consent, and ethical issues that can become a problem.

Currently, there are nearly as many human biological samples stored in the United States as there are people in the United States, and many of the sources of the samples remain unknown because informed consent was not previously required.   The main dilemma between informed consent and scientists lies within the ethics and practicality of research on tissue removed from a patient’s body for surgical purposes.   Meanwhile, the tissues are studied in labs across the country.  In recent years, the HeLa cell line and the cells backstory have precipitated outrage towards how the tissue was obtained, managed, and the inadequacy of informed consent from Henrietta Lacks and her family.  Since then, other cases have become public regarding the lack

This essay will focus on both negative and positive attributes on ‘Is informed consent an abstract concept in health today’. For this essay we have interpreted the topic as Medical staff in health care has to use abstract means, such as word books or demonstrations to promote patients having understanding whilst vulnerable for informed consent.

Beginning with the Hippocratic tradition and lasting for the next 2,400 years, the physician-patient relationship remained relatively unchanged: a paternalistic framework characterized by the authoritative physician being allowed maximum power by the trusting, obedient patient. Over the last 100 years, in response to both research and clinical practice, the bioethics movement ushered in the autonomy model, and with it, a new way of approaching decision making in medicine. The shift to the autonomy model is governed legally by the concept of informed consent, which emphasizes disclosure to patients of sufficient information to permit them to make

Informed consent is a legitimate philosophy that has been produced by the courts over a number of years. The regulation of informed consent may have derived from the Nuremberg Code, which encourages specialists get the willful inform consent of the subject before directing medicinal experimentation. The informed consent doctrine obliges that specialists furnish a patient with all-important data around a proposed method or treatment preceding getting the consent of the patient to complete the technique or treatment. The importance of informed consent protects the patient by providing them with complete information on how to make an informed decision. Informed consent is also important to protect the doctor from financial liability (with exceptions) if the procedure is properly executed according to the prevailing standard of care and without negligence. The adult patient 's power to consent is very broad and inadequate delivery

The law consists of types of information that patients must be given in order to make informed decisions about getting medical care, diagnostic test, or treatment ("American Cancer Society", 2014). When informed consent has taken place correctly the information that which is given must be clearly understood by the patient; it’s up to the patient to ask questions about any information they don’t understand. The patient must be given the opportunity to look over the information and ask questions, the patient must also not be pressured to make their own decisions, as the informed consent assumes that when the patient is making these decisions they are not pressured to do so ("American Cancer Society", 2014). The process of Informed consent and refusal consist of first the patient being told about the possible risks and benefits of the treatment, followed by being told about the risk and benefits of other options which include not getting treatment ("American Cancer Society", 2014). The Patient is then given the chance to ask questions and have them answered to their satisfaction, followed up with being given enough time to discuss the plan with family members or advisors ("American Cancer Society", 2014). The patient is then able to use all the information given to them to make a decision that they feel is

“Respect for human beings involves giving due scope to peoples capacity to make their own decisions. In the research context, this normally requires that participation be the result of a choice made by the participants” (NHMR, 2007, p.3).  Freegard 2012 (p.60), states that “respecting the rights of others,” includes a responsibility for Health professionals “to let others know about their rights” and that this forms the basis of an informed consent.