Consent Flashcards
What is patient consent?
Patient consent requires that the patient is competent/has capacity to consent, has a general understanding of what is proposed and is not under duress/pressure to consent
Who may not have capacity to provide valid consent?
children
adults with intellectual disability, mental illness or a serious physical impairment
What are the types of consent?
express consent in person
express oral consent
implied consent (agreement to referral to an ophthalmologist)
What happens if you do not gain consent?
it transforms what would be unlawful into acceptable.
performing a procedure on someone without their consent can attract both civil and criminal ability
What is the difference between consent and informed consent?
failure to warn a px of ‘material risks’ associated with a procedure will not give rise to a claim in assault, but might amount to negligence (due to lack of informed consent)
What information do you have to transfer to the px?
diagnosis
prognosis
options for investigation/treatment
risks and benefits of investigations/treatments
whether intervention conventional/experimental
time involved
costs involved
your professional opinion and reasons
What happens if you disclose info without the patients consent?
a breach of patient confidentiality may be ethically and legally justifiable in circumstances where the health practitioner has a reasonable belief that the patient might cause serious harm to themselves or others
How do you communicate clinical findings to a patient?
use plain, non-intellectual language to communicate information about proposed procedures or treatments.
ensure the px understands “tell me in your own words…” “tell me what you are going to say to them”