informed consent Flashcards

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1
Q

informed consent encompasses / elements

A
  1. informed
  2. voluntary
    - not under direst or in pain - where they in a good position to be able to make a decision for themselves
  3. understanding
    - different language then simply understanding was not met
  4. competence
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2
Q

three points of risk managemnt

A
  1. avoid negligence
  2. documentation of standard of care
  3. use of informed consent

all important *

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3
Q

informed consent includes - basic

A

alternative / options, risks, benefits, costs of the tx discussed

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4
Q

competence age

A

18 years old

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5
Q

exception to minors who can make medical decisions for themselves

A
  1. emanicpated
  2. true emergency
  3. pregnant minor (in most states)
  4. young woman mother - so has a kid
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6
Q

mandatory reporting law in all states

A

break patient confidentiality – for child abuse and neglect

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7
Q

patient confidentiality

- covers?

A

privacy and confidentiality

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8
Q

triangle of risk manangement

A

avoid negligence

documentation of standard of care

use of informed consent

    • written and verbal
  • general and specific
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9
Q

privacy

A

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

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10
Q

trends in the united states on privacy and confidentiality

A

2 conflicting

  1. public access to information gheld by government agenies
  2. protections from public disclosure of information about individuals (HIPPA)
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11
Q

treating patient with other auxillaries - can tell them things

A

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

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12
Q

if going to refer?

A

have to get consent to send informatin

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13
Q

secrecy - general

A

to promote full disclosure the medical profession extends the promise of secrecy

like schedule of the day
computer screens

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14
Q

secrecy - general

A

to promote full disclosure the medical profession extends the promise of secrecy

like schedule of the day
computer screens

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15
Q

privacy under what amendment

A

fourth amendment – constitutional right to privacy

free from government interference

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16
Q

privileged communication

A

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

17
Q

patient confidentitality is both a __ and __ duty?

where is it written out in

A

both an ethical and legal duty

in

  • Hippocratic Oath
  • ADA Code (present in all states)
  • Statutes, case law - like HIPPA and different cases
18
Q

HIV testing statutes **

A

SPECIFIC WRITTEN CONSENT TO

  1. test someone for HIV
  2. reveal to a third party that the individual took an HIV test
  3. to dislclose the results of the HIV test to a third party

MGL Chapter 111, Section 70F

19
Q

HIPPA Law

A

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)

20
Q

TPO and HPI

A

under hippa
personal health inforamtion

treatment
payment
operatinos

21
Q

hippa law imposes?

A

imposes civil and even criminal penalties for wrongful disclosure of health information

22
Q

breaking confidences under which conditions

A

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