Informed Consent Flashcards
What is Therapeutic Privilege?
The act of withholding information by a clinician with the underlying notion that the disclosure of this information would inflict harm or suffering upon a patient.
Meaning of Competence in informed consent?
refers to the patient’s legal authority to make his or her own medical decisions
Meaning of capacity in informed consent?
ability to make a particular decision at a specific time
Informed consent definition?
voluntary agreement of the patient or an authorized surrogate to proceed with a specific procedure in the setting of adequate decision-making capacity, disclosure (knowledge and understanding of the nature of the proposed procedure and the anticipated risks and potential benefits), and autonomy (no coercion).
Informed permission?
same as informed consent but more correctly applied to surrogate decision makers.
Informed Assent?
is an expressed willingness to participate in a procedure by patients who are too young to give informed consent, but who are old enough to have a general understanding of the proposed procedure, its expected risks and possible benefits, and alternative treatment options (i.e. decision-making capacity).
“Reasonable Person” Standard
requires the disclosed information be sufficient to satisfy a hypothetical reasonable person.
“Subjective Person” Standard
This standard is based on the belief that informed consent should match the wants and needs of the decision maker.
Coercion
defined as the outright use of a credible threat, manipulation, or misleading information to influence a patient’s decision.
Persuasion
Persuasion is the act of using argument and reason, rather than coercion, to influence a patient’s decision.
“Best Interest” Standard
This standard requires that the parents or other surrogates make medical decisions that are objectively the best option for the child.
For what things can minors make their own decision?
Treatment of sexually transmitted diseases
Provision of contraceptive services
Prenatal care
Mental health and substance abuse prevention and treatment
Emancipated vs Mature Minor
Mature Minor: Taking into consideration the age, maturity, cognitive abilities, and social situation of a minor, a judge is tasked with determining as to whether an otherwise legally incompetent minor can make a particular decision about
their health care.
Emancipated Minor: This is a legal designation that defines certain situations where a minor is afforded the legal right to provide informed consent (e.g. economic independence, married, active
duty in the armed forces, pregnancy, a minor acting as a surrogate for their own child’s medical care, etc.).
When can an anesthesiologist refuse care to a patient?
(1) When the anesthesiologist believes the patient’s decision is unacceptable or likely to
result in significant harm.
(2) When the anesthesiologist does not feel qualified to provide the requested/needed care
(e.g. a high-risk pediatric case).
(3) When the anesthesiologist disagrees with the morality of a procedure (e.g. abortion).
