Health care law - informed consent

Question 1

informed consent arises from the principle that is is:

Answer 1

• wrong to force a person to act against his or her will

- each person has the right to determine what will be done with his or her body

Question 2

informed consent is based on the basic concept of:

Answer 2

autonomy

Question 3

under Iowa law there is a presumption that informed consent has been given IF:

Answer 3

• consent is in writing AND

- consent sets forth nature and purpose of procedure

Question 4

when it comes to informed consent, who must have the conversation with the patient? who may get the physical form signed?

Answer 4

• doctor performing the procedure must have the conversation
• another medical personnel can get the form signed

Question 5

experts testify about:

Answer 5

• risks

- likelihood of occurrence

Question 6

when is informed consent NOT required?

Answer 6

• complete disclosure detrimental to patient
• patient not competent to give informed consent
• emergency
• information so well known to lay public that physician can assume patient already knows the risk
• procedure so simple and any danger is very remote
• physician not aware of a certain risk and should not be aware of it exercising ordinary care

Question 7

from which perspective is informed consent viewed by the court?

Answer 7

patient’s perspective

Question 8

legally, what is the charge if informed consent is not obtained?

Answer 8

battery

Question 9

what indicates negligence in the context of informed consent?

Answer 9

performing a procedure with inadequate consent

Question 10

in order for a procedure to count as battery, there must be a substantial difference between:

Answer 10

• procedure to which patient consented and

- procedure that was performed

Question 11

in a case where a complication that requires another procedure for which no consent was given, when does that count as battery?

Answer 11

only if:

• the two procedures are totally different and unrelated
• must be ‘substantially’ different

Question 12

what are the take aways for informed consent?

Answer 12

• document that risks were discussed
• document what those risks were discussed
• physician’s responsibility to review the material risks of the procedure - CANNOT BE DELEGATED
• consent PROCESS is different from the consent FORM
• KEEP HANDOUTS