informed consent Flashcards
informed consent encompasses / elements
- informed
- voluntary
- not under direst or in pain - where they in a good position to be able to make a decision for themselves - understanding
- different language then simply understanding was not met - competence
three points of risk managemnt
- avoid negligence
- documentation of standard of care
- use of informed consent
all important *
informed consent includes - basic
alternative / options, risks, benefits, costs of the tx discussed
competence age
18 years old
exception to minors who can make medical decisions for themselves
- emanicpated
- true emergency
- pregnant minor (in most states)
- young woman mother - so has a kid
mandatory reporting law in all states
break patient confidentiality – for child abuse and neglect
patient confidentiality
- covers?
privacy and confidentiality
triangle of risk manangement
avoid negligence
documentation of standard of care
use of informed consent
- written and verbal
- general and specific
privacy
fourth amendment – constitutional right to privacy
- individual can make important, intimate decidions free from government interference
the right to let alone- to be free from prying, peeping and snooping
the right to keep personal information inaccessible to others
trends in the united states on privacy and confidentiality
2 conflicting
- public access to information gheld by government agenies
- protections from public disclosure of information about individuals (HIPPA)
treating patient with other auxillaries - can tell them things
yes – IF DIRECTLY WORKING with them
but like if go up to front desk and share some news - even if good news like pregnant - breach in confidentiality
if going to refer?
have to get consent to send informatin
secrecy - general
to promote full disclosure the medical profession extends the promise of secrecy
like schedule of the day
computer screens
secrecy - general
to promote full disclosure the medical profession extends the promise of secrecy
like schedule of the day
computer screens
privacy under what amendment
fourth amendment – constitutional right to privacy
free from government interference
privileged communication
communication between doctor and patient (or lawyer and person)
any information b/w you and the patient discussed in the process of treating them
THIS IS PRIVILEGED COMMUNICATION – dont have the right to share this with anyone
patient confidentitality is both a __ and __ duty?
where is it written out in
both an ethical and legal duty
in
- Hippocratic Oath
- ADA Code (present in all states)
- Statutes, case law - like HIPPA and different cases
HIV testing statutes **
SPECIFIC WRITTEN CONSENT TO
- test someone for HIV
- reveal to a third party that the individual took an HIV test
- to dislclose the results of the HIV test to a third party
MGL Chapter 111, Section 70F
HIPPA Law
Health Insurance Portability and Accountaibilty Act
PL 104-191, 1996
requires a patients written consent to release personal health information (PHI) to carry out treatment payment or health care operations (TPO)
TPO and HPI
under hippa
personal health inforamtion
treatment
payment
operatinos
hippa law imposes?
imposes civil and even criminal penalties for wrongful disclosure of health information
breaking confidences under which conditions
required by doctors when a serious threat is posed to third parties
injury / death - extreme emergency - like your patient died or need medical records due to serious injury
child abuse and neglect
many states also require reporting of abuse and neglect of elders and disabled
a few states require reporting of domestic violence
