Consent

Question 1

Advanced Directive

Answer 1

Living Wills
- Mentally competent person makes a list of healthcare decision before they lose capcity

Question 2

How is consent given

Answer 2

Expressed: Verbalized agreement or signed document

Implied: Patient’s actions or operation of law implies consent

Question 3

Alternate Decision Makers

Answer 3

Can be appointed by court if they find the individual is not capable of making a decision
- Representative
- Attorney
- Public Guardian and Trustee
- Substitute Decision Maker

Question 4

Capacity of Consent

Answer 4

Ability to understand the treatment and what the consequences are and how the treatment applies to the individual

Everyone is presumed to have capacity until proven otherwise
- Determined by two independent healthcare providers

Question 5

Battery Tort

Answer 5

Civil Wrong

Intentionally interfering with a person without their consent
- Misinformation and misleading the patient into giving consent

Question 6

Informed Consent
- Reasonable vs Subjective

Answer 6

Reasonable:
- Viewed through the mindset of a reasonable person

Subjective:
- How that fits in this specific context and circumstances

Question 7

Decision Makers
- Public Guardian and Trustee

Answer 7

Appointed by the court for patients with no capacity
- For patients that do not have a designated decision maker and whose family members disagree about care

Question 8

Decision Makers
- Attorney

Answer 8

Legally appointed through power of attorney document to speak on a patient behalf
- Legal documents their scope of decision making and responsibilities

Question 9

Informed Consent
- How to get?

Answer 9

• Use plain language
• Describe the proposed treatment and any alternatives
• Describe intended use of treatment
• Describe any side effects and risks
• Describe what to do if those risks occur

Question 10

Exceptions to Consent to Treatments

Answer 10

Patient is unconscious and requires emergency treatment
Patient is involuntarily committed for psychiatric treatment

Question 11

Informed Consent
- What

Answer 11

Consent is obtained after patient has been informed of:
- Risks/Benefits
- Alternative Treatments
- That they can refuse treatment at any time

Question 12

Healthcare Minor Consent

Answer 12

Have to consider the minor’s:
- age
- physical/mental/emotional development - - level of independence

If minor is not capable of giving consent, then a parent should give consent for treatment
- Court can challenge this if they believe it is not in the Child’s best interest

Question 13

Assault Tort

Answer 13

Criminal Wrong

Threats into giving consent

Question 14

Negligence Tort

Answer 14

Civil Wrong

Breaching the standard of care expected from a healthcare provider
- Unintentionally did not get consent, or poor practice

Question 15

Decision Makers
- Substitute Decision Maker

Answer 15

Chosen as a medical proxy
- Can agree/disagree and make decisions on behalf of patients who lack capacity

Question 16

Informed Consent
- Proving lack of

Answer 16

1. That a reasonable person would not have continued the treatment knowing the risks
2. The damage is linked to the failure to disclose the risk that occured

Question 17

Who can give consent

Answer 17

Any capable person

Minors can give consent to medical treatments
- Have to have maturity level