The Negative Consequences Of Informed Consent

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

The Doctor and Patient relationship aspect of Medicine has changed drastically in the last twenty years. It has evolved from paternalism (the doctor makes the decision for the patient) to shared decision making where the patient is considered an equal partner in his/her own health related decisions. Informed consent is the cornerstone for this view. When a patient or a research subject makes an autonomous decision after understanding, the risks and benefits involved with the decision is Informed consent. Complete Informed consent covers the following components: competency, disclosure, comprehension and voluntary. Competency refers to the requirement for the individual to be of legal age and be mentally competent to understand the process.

As per Beal & Lewis, 2014 Informed consent is a process of education and the correct education is a key to the ability to provide consent.

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

In the Tuskegee Syphilis Study, doctors examined a group of black men who were diagnosed with syphilis in order to follow physical manifestations that arise over the course of the disease. These researchers told the men that they would receive free medical treatment; however, there were numerous ethical violations that would be of great concern today. First, these men were never told they had syphilis, so they didn’t know that they were dealing with a disease. Furthermore, during the study, penicillin came out as the first antibiotic and as a cure for syphilis. Yet, these patients were not treated for their disease, which resulted in deteriorating physical conditions. Both of these ethical violations bring up the issue of informed consent.

In our day today lives we make complex decisions, continually weighing up the risks and benefits of our actions. However in the hospital environment, the Doctor knows best attitude has prevailed for many years, patients deemed unable to be involved in decisions regarding treatment. Development in law relating to consent has been slow, based on paternalistic approach and therapeutic privilege to decide treatment choice for patients. Whilst health care practice moved towards informed consent, the law lagged behind. In 2015 informed consent has finally been recognised in Law. The author will describe the changing attitude in the law of consent from 1950’s to present day and how these changes affected nurses duty to obtain consent from patients

This paper is a representation of two separate healthcare professions; a paramedic (Roscoe) and a registered nurse’s (Gale) perspective of the ethics of informed consent. Informed consent is a familiar and ethically important component of healthcare, grounded by principles and values that provide and maintain professional standards. The following will discuss and analyse the similarities and differences between the two professionals from the AV resource. Present international and national frameworks that influence decision making as well as the individual impact that the Code of Ethics provides in moral dilemmas will be examined. Contrasts of legalities versus ethics will also be explored in regards to vulnerable patients. Furthermore the

Informed consent is an integral part of the medical process, but what is it? How can the principles of Informed Consent conflict with each other or with patient care? It is important to examine Informed Consent very carefully and explore how the principles of Beneficence and Patient Autonomy work with each other for the best interests of the patients, even if the patient is refusing some treatment that is important in the standard of care. However, it may be possible that Informed consent and these elements work against one another, and conflict with the best interests of the patient.

This study was approved by the institutional local Ethics Committee. All patients signed an informed consent form and were instructed to bring fresh stools on the same day of urea breath test that was performed within a month after endoscopy. Anti-secretory drugs had to be discontinued at least 10 days and antibiotics for at least one month prior endoscopy and until stool collection for H. pylori antigen detection and urea breath

Informed consent is a legal procedure to ensure that a patient, client and research participants are aware of all the potential risks and costs involved in a treatment or procedure.

A well given informed consent should include information, comprehension, voluntary and all those should be respect and given to the participants. The researcher are responsible to explain to the individual involved in research about potential risk in way that is comprehensive and then let them decide on their own if they agree to participate. For minor participants, their parents are responsible to consent for them. In case of Tuskegee study, participants were given wrong information about their treatment and never gave informed consent to the researchers. Beneficence is the responsibility of researchers to maximize the benefits of participants and minimize the risk. At this point researcher can explore if there are other possibility to get what they want in a simpler way, for instance they may decide to use animal rather than using human being in the research. Lastly, justice is about equal distribution of benefit and risks from the research, and all society should equally get involved, not one group waiting for the benefit whereas other us bearing the risks. Another part of justice is to guarantee the participants to get everything promised and not excessively hurt them, furthermore, the research should not target a vulnerable population based on their social status or economical

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

Informed consent is the process by which a patient is fully informed about all aspects of their healthcare and has the ability to participate in choices and make an apprise decision regarding their care. It is the legal right of the patient to direct what happens to them and the ethical duty of the doctor to involve the patient in their care. My final paper analyzes informed consent and its perilous deception. I shall present three main points against informed consent by arguing the complexity of the information given to the patient, the decision-making process and lastly patient competency.