perio 2 Flashcards
Informed consent
a legal requirement whereby a person can be said
to have given consent based upon a clear appreciation and
understanding of the facts, implications and future consequences of an
action.
How can consent be given ?
implied
written verbal
Implied:
often seen as method of consent for simple procedures,
i.e. patient holding out arm to allow BP cuff placement
Verbal:
common form of consent in healthcare institutions,
i.e. Nurse- is it ok if I place this BP cuff on your arm?
Patient - yes
Written:
Signed and dated consent form
Written Consent
Documentary evidence of what has been consented to verbally
- Must include procedure or possible procedures that are to take
place
i.e Diagnostic Laparoscopy +/- Laparotomy +/- Bowel Resection +/- Formation of
Stoma
- States Patient Name, DOB and MRN
- Is signed and dated by both doctor and patient/guardian
- Expires after 12 months
- Important to check local policy on consent forms (electronic,
scanned)
What is valid consent?
- Consent must be freely given
- The person giving consent must have the legal capacity to give
consent - Consent must be given from a position of being informed
- Consent must be freely given
- Patients must not be coerced into giving consent
- Valid consent cannot be obtained whilst the patient is
under duress or sedation (including post sedation)
i.e. “You must have this treatment, or you will be discharged
from hospital”
“I am the doctor/nurse and I know what’s best for you”.
- The person giving consent must have the legal capacity to give
consent
- Intellectual incapacity (developmentally delayed/mentally ill)
- A person younger than 18yrs is legally considered to be a child
- NSW formally accepts >14yr for consent to medical/dental
treatment - Some adolescents (14-18yr) may wish medical treatment without
their parent/guardian’s knowledge - Ward of the State: treatment must be consented to by Minister in
charge of the relevant government department
- Consent must be given from a position of being informed
- All of the information that is gathered and utilised to make an
appropriate decision regarding treatment - Explanation of proposed treatment
- Informed of risks and benefits
- Include alternatives to treatment
- Need adequate time for patient questions
- Have option to withdraw from treatment
Lack of Consent
If consent is not given…
- Treatment given to a patient without either their or their
guardian’s consent is deemed to be battery
- The patient may be entitled to sue even if they do not sustain
an injury or loss
Right to refuse treatment
- Patients have a right to refuse treatment
- Hospital has no authority to override patient’s wishes
- Hospital must seek intervention from Supreme Court of
relevant state
i.e. Jehovah’s Witnesses right to refuse blood transfusions
Consent not Required
- If the patient is unconscious or is critically ill and will die if
treatment is not rendered - Parental consent is NOT required when the child is unconscious
or critically ill and requires life saving treatment (duty of care)
Three Phases of surgery
Sign in
Time out
Sign out
Sign in
before the induction of anaesthesia