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Informed consent quizlet
Informed consent in healthcare
Informed consent in healthcare
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Informed Consent According to West's Encyclopedia of American Law, the definition of informed consent is "consent by a patient to a surgical or medical procedure or participation in a clinical study after achieving an understanding of the relevant medical facts and the risks involved” (Fallon L.F.Jr, 2010, p. 1). Basically, this is a form stating that the physician has explained, in words that the patient can understand, the details of the treatment or procedure that is being proposed, including the benefits the risks, as well as alternatives. Second, the physician needs to decide if the patient understood what was said and that they accept the potential risks of the procedure. The last part of the informed consent procedures is the patient signing the form that states generally, what the procedure is what the risks are and what the alternatives are, and that they understand and accept those risks. Other factors they physician must consider are as follows: first, "the patient must have the legal authority to give consent, second, they must be competent, they must be willing to give consent of their own free will, and they must be informed about the risks and benefits by someone knowledgeable to respond to questions prior to consent" (Benak L., 2006, p. 48). In the case of Mrs. Sparza, her English skills were limited, and she depended upon her son to be her initial interpreter. However, in the operating room where the consent for the surgery was to be signed, her son was not there. She refused to sign a consent form, because she understood enough English to know that her surgery was to be on one eye and the consent form stated it was for both eyes. The physician in his scrubs with an interpreter talked to her for a minute and she ... ... middle of paper ... ... Health Source. (Document ID: 1017597721) Conn, V. M. (1998). Legal aspects of emergency medical services. Philadelphia: W.B. Sanders Company. (Original work published 1998) Fallon L.F.Jr. (2010). Informed Consent. In West's Encyclopedia of American Law. Retrieved June 11, 2010, from Answers.com Web site: http://www.answers.com/topic/informed-consent Ferguson P. (1997). Causing death or allowing to die? Developments in the law. Journal of Medical Ethics, 23(6), 368, 5. Retrieved June 12, 2010 from ProQuest. (25504044) Rehnquist, C. J. (1997). Supreme Court. Retrieved June 12, 2010, from Cornell University Law School Web site: http://www.law.cornell.edu/supct/html/96-110.ZS.html Wojahn A. (2009). Informed Consent. In Encyclopedia of Surgery. Retrieved June 12, 2010, from Encyclopedia of Surgery Web site: http://www.surgeryencyclopedia.com/Pa-St/Preoperative-care
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
...re shown by a clear and structured presentation of the combined themes that were identified in the data analysis of the interviews and discuss groups. Limitations of the study are discussed, such as the generalizability of the results due to the study being conducted in one setting. The report suggests further studies be conducted among larger populations in different settings and cultures and the explorations into the views of patients also. Overall, the research provides a respectable in depth look into the role of nurse’s in the informed consent process within a hierarchical and communal setting. The research is relevant to nursing especially in paternalistic settings, where nurses’ and doctors’ roles are not regarded as complementary, and/or when working with family orientated cultures, where the patient’s family has a strong influence on health care decisions.
This paper will address the ethical dilemma of informed consent vs the right to refusal of treatment by the patient. I will show the
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 ...
Is informed consent always necessary for randomized, controlled trials? The following sentences are different scenarios that answer the question. Informed consent should not be waived unless the treatment is offered inside and outside the trial. Treatment should not involve more than minimal risk compared to alternatives. Genuine clinic must value the treatments the same. No reasonable person should have a preference for one treatment or another (Truog et al. 1999).
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).
Consent has been a fundamental part of nursing practice dating back as far as Hippocrates in ancient Greece. The Hippocratic Oath is an ancient form of guideline, devised for those who chose to enter the medical profession. Here these guidelines show physician-patient conversation were key components in healthcare, along with ensuring patients were kept informed on issues related to their health and the importance of gaining consent during the delivery of care (Miles, 2009).
Respecting a person’s sovereignty is essential when working in the medical field. The “rules” of upholding one’s autonomy is to respect the privacy of others, to not lie, to maintain confidentiality, to obtain consent, and to advise one when needed. Physicians should dismiss a person lacking the capacity to make decisions for themselves however it will defy the “ to obtain consent” and “to respect the privacy of others”
Medical records and their contents have been an important issue concerning privacy for physicians and their patients. A health care reform bill which passed legislation in 1996 is known as the Health Insurance Portability and Accountability Act (HIPAA) had a new rule put into place in 2000, which requires health care physicians and insurance providers to put into place new procedures that would guard patient health information ("Patient Privacy and Confidentiality", 2013).
Patient consent allows a procedure or contact with the patient’s body by someone other than the patient, usually health care personnel and can be obtained verbally or written. The topic of this memo is obtaining consents as it relates to Mr. Roberts who was brought to the Emergency Department by an air ambulance due to head trauma from a motorcycle accident, he needed emergency medical surgery. This being the case, Implied Consent was enacted, which is when emergency action is required to prevent death or permanent impairment, as with the emergency care provided to Mr. Roberts to prevent permanent brain damage.
Neonatal resuscitation is intervention after a baby is born to strengthen it’s breathe or to boost its heartbeat. Approximately 10% of neonates require some assistance to begin breathing at birth, but only 1% require serious resuscitative measures. Informed consent regarding neonatal resuscitation is a constant ethical debate. This discourse ordinarily occurs between doctors and parents; parents often feel that the decision has been made for them, believing that they were not fully informed of any consequences that may occur before making their final action plan, or thinking that their opinion was not taken seriously; however, doctors see the procedure in a different light, that the parents can’t choose the best option for the child regardless of counseling, or performing as the parents wished but believing that the result could have differed if the parents had known all the effects that it will have further down the line, or convinced that they would have made a better
According to Dimond (2010) consent, is a voluntary decision, which can be given, verbally, written or implied. The Professional Standards of Practice and Behaviour for Nurses and Midwives (NMC, 2015) suggest that health professionals need to ensure that consent is ascertained before carrying out any action. I have, therefore, demonstrated good practice in ascertaining Erick’s consent and by giving him sufficient time to reflect on the treatment I offered to him.
President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Defining Death: A Report on the Medical, Legal and Ethical Issues in the Determination of Death. Washington, D.C.: U.S. Government Printing Office, 1981.
The article titled “Contemporary Ethical Analyses: A Shortfall in Scientific Knowledge” describes the ethics through the public’s eye. One of the major ethical issues brought up is informed consent.