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Essay of informed consent
Questions in biomedical ethics
Essay of informed consent
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Paul Wagner Professor William Parkhurst Biomedical Ethics 2 December 2015 Informed Consent: Respecting the Patient In this essay I argue based on the principle of informed consent that physicians always have a duty to get permission from autonomous patients before treatment and that physicians should never lie about the treatment based on a deontological framework through the principles of autonomy and beneficence, no matter how much psychological pain could be caused. The principle of informed consent states that the term “refers to the action of an autonomous, informed person agreeing to submit to medical treatment or experimentation” (Vaughn 180). The two main principles that help justify informed consent would be principles of autonomy …show more content…
The first reason is that informed consent protects patients’ health and welfare. As it protects patients from being used to promote science and careers of physicians as well as being able to protect patients from paternalistic judgments on what is good for them. The second is the principle of autonomy, which is the predominant justification of informed consent. As it is autonomy that allows the patient to be in full control of their own actions as well as to be in full control of what they’ll allowed to happen to themselves such as the kind of surgery or treatment that they want to receive. The third reason is that informed consent prevents abusive conduct from deontological offenses such as assault, coercion, and exploitation. The fourth and probably one of the most important is that informed consent builds trust between the patient and the physician. When there is a trustworthy transparent relationship between the two, it’s easier to obtain informed consent and it is less likely for problems or complications to occur. The fifth rationale is self-ownership, in which we are presumed to hold proprietary rights over our own bodies and ourselves. As this is why we must grant permission to allow medical intervention on ourselves. The last rationale for informed consent builds off of self-ownership, which is the need to protect patients’ sense of personal …show more content…
With this being said, it is important that the principle of informed consent becomes something that is extremely relevant to our society as a whole. As with medicine becoming more advanced everyday, patients should be explained by their physician exactly what kind of treatment will be happening to themselves as well as all of the possible outcomes associated with said treatment. This is important to discuss, as we currently live in a society in which everything is “Politically Correct”, meaning that is someone wasn’t told all of the available options that they had available to be treated with, or gave consent willing, could end up with lawsuits or worst case scenarios such as death. Regarding this, both patients and physicians have things at stake such as money, time, resources, and medical practices. So it is crucial that in this day and age that the principle of informed consent is practiced everywhere in order to ensure patient autonomy is
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
Patients are ultimately responsible for their own health and wellbeing and should be held responsible for the consequences of their decisions and actions. All people have the right to refuse treatment even where refusal may result in harm to themselves or in their own death and providers are legally bound to respect their decision. If patients cannot decide for themselves, but have previously decided to refuse treatment while still competent, their decision is legally binding. Where a patient's views are not known, the doctor has a responsibility to make a decision, but should consult other healthcare professionals and people close to the patient.
The ethical and legal issues raised in this case are related to autonomy and beneficence. In health care, autonomy is the right of a competent patient to make informed decisions about the type of health care they would like to receive. This principle is founded on the concept of obtaining consent from the patient before administering any medication or medical procedure. Autonomy provides that a patient who has no mental incapacity has the right to decide whether to agree to medical treatment. This right is not restricted to what others consider as sensible provided the patient has the capacity to make the decisions.
Case #17-1 Therapeutic Privilege: Scaring the Patient to Death with News about Risks provides a good example of why some physicians choose to omit getting a patients consent for certain procedures. Dr. Therapides suspects that her patient has a block in his abdominal aorta and knows that to locate it she must inject the patient with sodium urokon. She is also aware that the procedures has risks and in some cases results in paralysis or even death. Yet, Dr. Therapides feels that the patient, who is already frightened and apprehensive, may become more apprehensive if he is aware of the risks associated with the procedure. Dr. Therapides believes that she should be granted therapeutic p...
To begin, to those who may wonder what informed consent is, it is a legal and ethical prerequisite for clinical research on humans (Bristol, par 2). The purpose of informed consent is to ensure that patient autonomy is respected in decisions about their healthcare (Susilo, 1). Many people say that the term was first used in 1957. There was a malpractice case with Salgo v Leland Stanford Jr. The California Supreme court stated that no patient can submit to a medical intervention without having given “informed consent”. Even though the courts had said this, inf...
What are the elements of a valid medical consent (consent)? Under what clinical situations is consent not required? Discuss using any relevant SA or NT legislation, or common law principles.
For consent to be valid an individual must consent to the procedure freely and voluntarily, hence consent should not be forced or obtained by assault or battery. When consent is given it must be specifically related to the procedure, this consent should not be manipulated and falsely described to a patient ability to make an informed decision refers to a person who has the legal capacity (NSW Health, 2014). Therefore the individual must have the capability to retain information that is given to them; for example the person must process the information, believe it and balance the risks and benefits of undergoing the procedure (NSW Health, 2014). Additionally, voluntary decision-makings give a right to the patient to refuse a procedure at anytime. Consequently, healthcare care staff are required to respect the patient’s desires, despite the fact that not taking action may lead to death or serious harm (NSW Health, 2014).
Obtaining consent, as suggested by Eyal (2012), also promotes patient’s trust in medical procedures that they are likely to receive as well as their likelihood to comply adequately with medical advice or participate in medical research. It is evident that obtaining a verbal consent from Erick was a testimony to his trust and willingness to comply with the medical advice, which I had given him such as keeping his wound dry and request painkillers if he were in
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...
Consent is where a person provides either written, verbal or implied authorisation for something to happen (“Consent”, n.d.). Before any medical procedure, treatment or operation, the health care professional must gain consent from the patient. Under New South Wales law, failing to gain consent prior to medical treatment can result in legal action being taken and the health care professional being charged with assault and battery (NSW Government, 2005). For consent to be valid and legal, the patient receiving the treatment must be informed of, and completely understand their condition and the reason for their treatment in order to make the most appropriate and informed decision without any influence or pressure from others; the person must be informed of, and understand all the risks
Consent (in the medical sense) is only morally valid if it is freely given, informed, cooperative, and represents the values of both the patient and the physician. The amount of truth-telling between physicians and patients depends on age, sex, and background of the patient (Boylan 30). This effects what information the patient is told and how it is presented, so that the patient can handle it competently and not prove to be a threat to those around them. It is vital for privacy to be maintained between physicians and patients except when it poses immediate threat to others (Boylan 31). Culture and religion influence patient and doctor perspectives on illness and death (Campbell 57). In the Christian doctrine of faith, it is against divine
Before the doctors go ahead to perform an operation, it is important that the concurrence of the patient be considered. The case presented in the scenario is about a woman who is denying the state of her medical condition. She has not made a formal consent that would allow the operation to be conducted. According to her, she assumes that she is in good health and does not appear to be worried about the condition. Her denial of the medical condition makes it impossible to obtain informed consent. She is fully aware of her medical condition. However, she has decided to go about her day to day activities oblivious of the health condition she was going through. The fact that she has failed to take a stance on whether to go on with the operation makes it clear that having informed consent is impossible. Informed consent happens where a person is fully aware of the condition and is expected to make the decision on whether the operation can be carried out or not (Lord, Naqvi, Babu & Sainsbury, 2012). In the event that a particular patient is unable to make the decision based on grounds of incapacity, such as severe mental health, then the family members have the right to make the decision on behalf of the patient. However, in the case presented Mrs. S appears to be fully aware of her condition. However, she decides to defer and make the decision at a later date. It is clear that she has refused to make a decision regarding her cardiac condition. Her denial of the condition makes the art of making informed consent
I really enjoyed reading your post. Ethical considerations must be aimed at minimizing risks and likely harm to individuals and communities, such as the potential for stereotyping, stigmatization, or invasions of privacies. During the clinical case study, the patient health information through medical records have to be reviewed in order to assess the need for programs that increases access to healthcare and medical supplies, local clinics, health education, etc. Similar risks have to be faced during the program evaluation phase, to measure the improvement in daily foot and blood checks in the county residents. Thus, I share similar opinion that informed consent must be signed by the patient before any blood work or procedure is done. Informed
The essay is all about knowing why obtaining a consent is important in nursing practice. Asking for the person’s permission or informing the person is consent and consent can be written or oral. Written consent is an agreement that is signed on a paper while oral or verbal consent, for example, is when the patient is listening to the doctor’s explanation about the procedure and its risks and benefits. So obtaining consent and communicating to the patient is important to build a better patient – health care
Many authors believe that privacy and confidentiality are extremely important, especially when it comes to healthcare ethics. Autonomy has always been a precursor moral theory to these topics. So, should a physician be allowed to respect a patient’s autonomy by concealing their privacy or in certain circumstances should they breach their confidentiality? James Rachel questions in the reading why should privacy be important. Privacy has always been important because it was a way of protecting people’s interest in situations, prevents them from being shamed, and it respect people’s autonomy. Prior to this reason he believes are utility and autonomy. These weren’t strong enough reason to value privacy. There is one example of in which privacy