Module 1: Consent

Question 1

For legal consent to be valid what are the 3 components it must contain?

Answer 1

· Disclosure
· Capacity
· Voluntariness

Question 2

What is disclosure?

Answer 2

• A provision of information

eg. benefits and risks of treatment, Alternative treatment, no treatment

Question 3

What is capacity?

Answer 3

· Ability to understand relevant information and consequences of decision

A patient who is confused, disoriented, or sedated is not considered functionally competent, however, this state may be temporary and requires careful, skilled assessment.

Question 4

What is voluntariness?

Answer 4

· Making a decision without coercion, force, or manipulation from others

Question 5

What are the 3 different kinds of consent?

Answer 5

· Informed
· Expressed
· Implied

Question 6

What is informed consent?

Answer 6

A process of communication between a doctor/nurse that discloses all relevant information related to treatment, with the full opportunity for questions, concerns BEFORE the patient signs the legal document

When a patient has received all the information, has the capacity to make the decision, and is free from coercion, the patient is then in a position to provide what is called informed consent to the medical treatment.

Question 7

What is expressed consent?

Answer 7

· A clear statement made by the patient – written or oral

Question 8

What is implied consent?

Answer 8

· Nonverbal behaviours indicate consent
· During surgery when additional procedures are necessary – this is on every surgical consent form
· In an emergency when an individual cannot provide expressed consent

Question 9

What is Informed Cultural consent?

Answer 9

· A type of informed consent

· Needs to be reframed within a cultural context or the consent is not valid

Question 10

What information does the pt need to make an informed decision?

Answer 10

o   purpose
o   expectation  
o   Benefits
o   Risks
o   advantages and disadvantages of possible alternatives to the treatment (including no treatment)

Question 11

Can a minor give consent?

Answer 11

A minor can give consent if it is determined that the person has adequate knowledge and judgement (is able to reasonably foresee consequences of a decision or lack of a decision) and is determined to be a “mature” minor.