Informed Consent Flashcards
What is the general definition of consent in law?
Voluntary agreement with an action proposed by another.
Consent is an act of reason.
What conditions must be met for consent to be considered valid?
The person must have sufficient mental capacity and possess all essential information, free of coercion or fraud.
An infant is considered mentally incompetent.
In non-emergency situations, what are some examples of medical procedures requiring informed consent?
- Surgeries, including biopsies
- Endoscopy
- Radiographic procedures involving catheterization
What are the criteria of informed consent?
- Explain the diagnosis
- Explain the nature of the procedure
- Include risks involved
- Discuss chances of success
- Discuss alternative methods of treatment available
What specific problems are associated with informed consent in the NICU?
- Information given is poorly understood
- Complex nature of the information
- Emotional or physical state of the parents
- Physical separation of the parents from their infant
- Feelings of bewilderment and intimidation
What does the ‘Reasonable Person Standard’ aim to accomplish?
Accomplish informed consent.
It reflects an ideal composite of what a reasonable person in society is.
What must be included under the ‘Reasonable Person Standard’?
- All relevant material information for a decision
- All known risks of significant bodily harm or death
What is the fundamental duty of those providing medical care to neonates regarding informed consent?
To appropriately inform the parent or guardian and document that relevant information has been provided, understood, and consent obtained.
What may result from failure to provide informed consent?
Legal liability under either a claim of negligence or a claim of assault and battery.
Define ‘Fiduciary Duty’ in the context of healthcare.
A responsibility that emanates from the trust and confidence placed by the patient, parent, or guardian in the healthcare professional.
What is the healthcare provider’s duty in a fiduciary relationship?
To share knowledge about the nature of the illness, its prognosis, treatment options, and associated risks.
How is the healthcare provider-patient relationship characterized?
As a contract for performance of medical services, based on fiduciary relationship rather than financial.
What is the standard of care in medical practice?
A duty to conform practice to a reasonable standard of care specific to the type of illness and circumstances.
Define negligence.
The failure to do something that a reasonable person would do or doing something that a prudent person would not do.
What is a specific instance of negligence in the medical profession?
Medical negligence, held to a specific minimum level of performance based on specialized knowledge or skills.
What are the principles of informed consent as it pertains to neonates?
- Decision is free of coercion or undue influence
- Mental capacity of the parent or guardian
- The knowledge base of the parent or guardian
- The risk/benefit for a given therapeutic intervention
- The emotional stability or maturity of the parent or guardian
