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Factors influencing consent in health
Importance of gaining patient consent
Factors influencing consent in health
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Consent comes in form of verbal or non-verbal, written, a consent form written cannot be looked into as the real consent itself, it only serve as an evidence that consent has been granted verbal or Non-verbal consent is an action which suggest a consent from the patient. Sometimes implied consent can be unreliable it can be argued by affected patient that they were misunderstood and there wish was not actually to consent. A valid consent must be given voluntarily by the right informed person who has the capacity to consent to the intervention in question . From statistics it is believed that Stroke causes approximately 5.7 million deaths all over the world and the loss of about 50 million disability-adjusted life years (DALYs) every year .If a patient …show more content…
Gain consent from mental Capacity Act 2005 This act gives the examining person powers to consent during times of emergency. The decisions made by the examining person must be on the best interest of the patient who lacks capacity and must be in accordance with the Mental Capacity Act 2005. The act states that, “Treatment should be given to a patient who is unable to consent”, only if: the patient does not have the capacity to give or withhold consent to this procedure and the procedure should be in the patient’s best interests.
7. Taking all the steps to assist the patient make decision The person who is to examine the patient who has been affected by the stroke must take all the necessary steps to help the patient in make their own decisions. This includes giving explanation of what is involved in very simple and under stable language, using things like Pictures and communication and decision aiding equipments. Those who close to the affected person like
Spouse, friends and family, may be able to give assistance. Under this circumstance, it may be necessary for an assessment to be undertaken by a suitably Professional who is qualified.
8. Gaining consent from the past and present wishes of the
Autonomy is a concept found in moral, political, and bioethical reasoning. Inside these connections, it is the limit of a sound individual to make an educated, unpressured decision. Patient autonomy can conflict with clinician autonomy and, in such a clash of values, it is not obvious which should prevail. (Lantos, Matlock & Wendler, 2011). In order to gain informed consent, a patient
Stroke survivors or anyone with chronic illness and health providers remain hopeful and “realistic” by counting on each other. The patients while being realistic about the outcome of their disease, stay hopeful that each of their health care providers will give them the appropriate care and will make sure that they can live with their disease in the best way possible.
Consent is necessary from everyone, not only those who can verbalise his or her needs. It is important to find out the persons communication needs so that they can be involved in discussions around their needs and preferences. My duty of care is to ensure that choices are given, and that appropriate support is obtained where there is lack of capacity is the decision is complex and the individual cannot consent. This may be from families or next of kin or using advocates to ensure that the client’s best interests are maintained. There may be past events or requests that could indicate the client’s preferences, and these must be considered when choices have to be made by others. Any preferences should be recorded on care plans and shared with relevant others to be able to determine the best interests of the person. Decisions should also be put off until the client is able to make their own choices where possible and not taken on their behalf through assuming we know
The Mental capacity Act 2005 is a very important piece of legislation, because it makes a real difference to the lives of people who may lack mental capacity. The act will empower patients to make their own decision; it will also protect people with lack capacity by providing them with a flexible framework that places individuals at the very heart of the decision-making process.it will make sure that the patients with lack of capacity participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to make decisions for themselves. The Act covers a wide range of decisions and circumstances; the act is supported by the practical guidance, and the Code of Practice which provides information about how the act works in practice. (http://www.direct.gov.uk 2007)
Speech – their speech may be slurred or garbled, or the person may not be able to talk at all despite appearing to be awake. Time – it is time to dial 999 immediately if you see any of these signs or symptoms. http://www.health.harvard.edu/womens-health/8-things-you-can-do-to-prevent-a-stroke d) Diagnosis and treatments Strokes are usually diagnosed by carrying out physical tests and studying images of the brain produced during a scan. A number of tests can be carried out to help confirm the diagnosis and determine the cause of the stroke. This may include blood tests to determine your cholesterol and blood sugar levels, checking your pulse for an irregular heartbeat, and taking a blood pressure measurement.
In America, the legal age to sign off on any medical consent is 18 years of age. Seventeen year olds should be able to compose their own medical decisions, and sign off on their own medical consents. Power should land in their hands, accompanied by the professional advice of a doctor. It is your body, be compelled to fabricate a decision without having to have your parent’s signature.
According to the NICE (2015) health and social care professionals should always seek valid consent from people with dementia. This should entail informing the person of options, and checking that he or she understands, that there is no coercion and that he or she continues to consent over time. If the person lacks the capacity to make a decision, the provisions of the Mental Capacity Act 2005 must be followed. The nurse assessed the patient capacity and ensured that the decision made was in the best interest of the patient. The doctor uses specialist knowledge and experience and clinical judgement, and the patient’s views and understanding of their condition, to identify which investigations or treatments are likely to result in overall benefit for the patient (GMC, 2008). They took into consideration how the decision made will benefit Jean. After carrying out a full assessment, it was clear that Jean lack capacity and was therefore place under the mental capacity act
There are questions about transplant allocation in regards to the four major ethical principles in medical ethics: beneficence, autonomy, nonmaleficence and justice. Beneficence is the “obligation of healthcare providers to help people” that are in need, autonomy is the “right of patients to make choices” in regards to their healthcare, nonmaleficence, is the “duty of the healthcare providers to do no harm”, and justice is the “concept of treating everyone in a fair manner” ("Medical Ethics & the Rationing of Health Care: Introduction", n.d., p. 1).
It goes without saying that everyone’s health is important and should be taken care carefully. Everyone has heard of strokes before but many people do not really know its meaning, types, and the number of individuals of that dies due to this issue. According to Centers for Disease Control and Prevention (2015), strokes kills an average of 130,000 people a year and it is one of the most common deaths that happen in the United States. An average of 800,000 of people die from cardiovascular disease and strokes and it is also a reason of long-term disability (Centers of Disease Control and Prevention, 2015). Strokes, which can also be called cerebrovascular accident or CVA happen when the blood supply to the brain is interrupted or the blood vessel going towards the brain burst. Then part of the brain dies or become seriously injured because the brain cells do not receive oxygen and they eventually die. People’s lifestyle may also impact seriously on their health and increase the possibility of having a stroke. Some of the risk that can severely increase the cause of stroke would be high blood pressure, heart disease, diabetes, cigarette smoking, as well as strokes that
Panagos, P. (2008). The approach to optimising stroke care. The American Journal of Emergency Medicine, 26, 808−816. doi:10.1016/j.aejm.2007.11.014
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...
Consent is an issue of concern for all healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient, and allows any examination or treatment to be administered. Nevertheless, consent must be obtained in every occurrence of care as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtain consent to perform a procedure on a patient right ear. The surgeon found defect in the left ear of the patient and repaired it assuming he had obtained consent for both ear. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement that states how consent should be given, however, there are various ways a person in care of a nurse may give consent. This could be formal (written) form of consent or implied (oral or gesture) consent. An implied consent may be sufficient for taking observation or examination of patient, while written is more suitable for invasive procedure such as surgical operation (Dimond, 2011).
In nursing practice any adult consenting to any treatment or procedure must be believed to be mentally capable of making a decision. Consent must be given i...
This module has enabled the author to understand the concept of vulnerability, risk and resilience in relation to stroke. Therefore, it will contribute to her professional development and lifelong learning (NES, 2012). Additionally, the author has gained evidence based knowledge of person-centred care, compassion and self-awareness; all of which can be used to inform future practice (Miller, 2008). Consequently, she will be able to provide the appropriate level of care that can make a difference to a person’s recovery.
Informed consent is a very serious decision a patient has to make when it comes to their health and consenting to procedures that are believed to cure or treat their current health status. It is important to address the effectiveness of the role a physician play in the informed consent process assuring that the patient has given truly informed consent and what safeguards can be put in place to assure the patient is exercising informed consent. Informed consent is based on the fact that the person consenting is a rational individual that is aware of the action to which he/she is consenting. Allen and McNamara (2011) notes that "On the standard understanding, the important elements of informed consent are the provision of information, the voluntariness of the choice and the competence of the chooser to make the choice— so the potential research participant should be provided with information relevant to the decision to participate, they should be able to choose freely about their participation and they should be competent to decide.