Chapter 12 Flashcards
A legal doctrine that provides that a patient has the right to know the potential risks, benefits, and alternatives of a proposed procedure.
Informed consent
Voluntary agreement by a person to allow something proposed by another to be performed on himself or herself.
Consent
Resolves the issue of informed consent in terms of what a reasonably prudent person in the patient’s position would have decided if suitable informed of the risks, benefits, and alternatives of the procedure.
Objective standard
An agreement that allows the heathcare facility to initiate emergency treatment while an attempt is being made to reach the family or other appropriate party for consent.
Temporary consent
Forms are obtained when a proposed treatment exposes a patient to unusual risks. These forms should be signed, dated, and witnessed at the time that the physician explains the procedure and associated risks to the patient.
Special consent
Generally presumed when immediate action is required to prevent death or permanent impairment of a patient’s health.
Implied consent
When a patient is clinically unable to give consent to a lifesaving emergency treatment, the law implies consent on the presumption that a reasonable person would consent to lifesaving medical intervention.
Statutory consent
May be necessary in those instances where there is concern as to the absence or legality of consent.
Judicial consent
An agreement that relieves one from liability when he or she has acted in good faith. However, these are generally considered invalid in the medical setting.
Exculpatory agreement
Who should be responsible for reviewing with the patient the risks, benefits, and alternatives of a proposed diagnostic test or treatment?
The physician
Describe what information a patient should be provided prior to undergoing a risky procedure in order for consent to be informed.
risks, benefits, and alternatives
Why is it important to obtain consent from a patient prior to proceeding with a risky procedure?
The informed consent doctrine provides that a physician has a legal, ethical, and moral duty to respect patient autonomy and to provide only such medical care as authorized by the patient.
Can a patient consent to a procedure an then withdraw it?
Yes, due to the subjective and objective standard. It must also be within a timely manor.
Can a parent refuse to consent to a lifesaving for his or her child?
Yes. Consent from a minor to medical or surgical treatment is ineffective and that the physician must secure the consent of the minor’s parent or someone standing in loco parentis; Parental consent is not necessary when the minor is married or otherwise emancipated.
Discuss how much information is sufficient in order for informed consent to be effective.
A physician should provide as much information about treatment options as is necessary based on a patient’s personal understanding of the physician’s explanation of the risks of treatment and the probable consequences of the treatment.
