Consent and Confidentiality Flashcards
Define autonomy.
“Self-determination”.
• The ability to evaluate and deliberate.
• The capacity to make decisions.
• The freedom to act.
Define paternalism.
“Over-riding someone’s
autonomy in their interest”
• Who judges interest?
• When is their sufficient reason for over-ride?
When would battery occur in a healthcare setting?
Battery could occur when a health professional touches a patient without consent.
With regards to battery, when is consent legally required?
Legally consent is required for any action where a patient is touched, e.g. blood pressure measurement.
Which two terms fall under the idea of trespass to the person?
Assault and battery.
Legally, define assault.
A person threatens or attempts to physically injure another person and the injured party has a reasonable fear that the threat will be carried out.
Legally, define battery.
Goes beyond threat and the action is carried out (i.e. without consent).
What are the three elements of consent?
Sufficient information is given (i.e. informed).
Consent is voluntary.
The patient has the capacity to understand that information (they are competent in law).
What types of consent are there?
Written, verbal, implicit.
Define written consent.
Often standard forms. Legally required for a
few procedures.
Define verbal consent.
Explicit within limits. Must make clear verbally
what you intend to do “I am going to take your blood pressure”.
Does just going to the Drs imply consent?
No.
Define implicit consent.
No written forms, no explicit words. Based upon actions e.g. nod of the head, preparatory action (rolling up a sleeve for BP measurement).
What information is needed before a patient can properly consent?
Patients need sufficient information before they can decide whether to give their consent.
With regards to consent, what is patient standard information?
Disclose what an average “reasonable”
patient with that condition would want to know.
