Informed consent Flashcards
A health care provider has the duty to do what prior to any procedure
disclose all significant information that he/she possesses or reasonably should possess that is material to an intelligent decision by the patient
informed consent may include
- nature of patient’s condition;
- nature/probability of risk;
- reasonable expectation of benefits;
- inability of provider to predict risks/results;
- irreversibility of a procedure
- likely result of no treatment;
- available alternatives including risks and benefits;
Doctrine of informed consent
- a plaintiff was not successful in a claim because the court determined that regardless of the severity fo the potential injury, if the probabiliby that the injury will occur is so small as to be almost non-existent, then the possibility of that injury occurring cannot be considered a material factor
Providers do not have to explain what with informed consent
every possibility that may occur but isn’t anticipated by equipment use
provider must only disclose
known drug-related events, not predic what might happen
Limits to informed consent
- courts recognize limiting factors;
- courts acknowledge that the patient’s right to know must be balanced with the recognition tat an undue burden must not be placed on healthcare providers
Limiting factors of informed consent that the court may recognize
- medical matters are complex;
- communicatio of scientific information by a trained healthcare provider to an untrained pt may be difficult
- the remote possiblity of risk is almost limitless;
- there should be a limit to what a provider is held to
Obligaion to give adequate information does not require
disclosure of information the healthcare provider reasonably believess patient has
medical consent forms list
risks
capacity/incapacity
physical ability to make and communicate decisions
competence/incompetencd
mental capacity/incapacity
guardian
makes decisions patient would make
guardian ad litem
makes recommendations for patient in court
conservator
makes financial decisions for patient
proxy
can be activated/inactivated to act on behalf of patient as needed
self-care directives
vary by jurisdiction {i.e. living wills, etc}
differences between legal and ethical responsibility to obtain informed consent
ethical: may be to do no harm;
legal: encompasses multiple criteria
In abasence of court decisions/legislation professionals are guided by
ethics/personal moral standards
court decisions vary by
jurisdiction
when there is a conflict {ethical vs. legal} courts will evaluate
wheter a rational basis exists for a decision, and generally consider the public good when deciding an issue
Prevention from deviating from standard
goal is to be proficient and up-to-date
Legal issues with deviating from standards
failure to keep up with current treatment;
- potential for malpractice suit
Failure to show consern and consideration is considered legal or ethical
Both:
- Ethical: patient has right to self-determination, provider must show concern and consideration to allow that;
- Legal: potential omission if provider fails to communicate;
Is fialure to communicate/poor communication with the treatment team considered legal or ethical issues
legal
Is failure to follow the chain of command considered legal or ethical
legal
Is failure to follow/understand institutional policies/procedures considered legal or ethical
legal
Is failure to understand/master use of equipment considered ethical or legal
legal
Is failure to document appropriately/accurately considered legal or ethical
legal