Chapter 14 Patient Consent

Defense claims that informed consent was lacking include:

- risk not disclosed is commonly known and does not warrant disclosure - patient said he would undergo the procedure regardless of the risks involved - consent was not reasonably possible by or on behalf of the patient - the practitioner, after consulting all of the attendant facts and circumstances, used reasonable discretion as to the manner and extent as to which alternatives or risks should he disclosed

A. Ramos v. Pyati B. Stover v. Surgeons C. Matthies v. Mastromonaco D. Luka v. Lowrie

a. adequacy of consent b. physicians must disclose alternatives c. paternalism fails d. implied consent

A touching of another without authorization to do so could be considered

battery

In the absence of statutory protection, a procedure performed despite an individuals objection to consenting to a procedure beyond which the patient agrees could constitute

battery

_____ is the voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to allow something proposed by another

consent

Informed consent is :

designed to allow patients to make an informed decisions.

verbal consent is less difficult to corroborate

false

Consent in cases in which immediate action is required to save an unconscious patient's life or to prevent permanent impairment of a patient's health is referred to as

implied

________ consent requires that a patient have a full understanding of that to what he or she has consented

informed

A patient's refusal to consent to treatment, for any reason, religious or otherwise, should be noted in the

medical record

The courts have held, as a general proposition, that the consent of a minor to medical or surgical treatment is:

not necessary when the minor is married or otherwise emancipated

When applying the objective standard of informed consent

one must take into the account the characteristics of the plaintiff, including the plaintiffs idiosyncrasies, fears, age, medical condition, and religious beliefs

At the end of the day and as recognized by the courts, it is the __________ who has the right to accept or refuse treatment based on the alternatives available.

patient

It is preferable that a patient's consent to a surgical procedure be procured by the

physician

Primary responsibility for obtaining informed consent from the patient lies with the

physician who will perform the procedure

when questions arise to whether adequate consent has been given, some courts take into consideration the information that is ordinarily provided by other physicians. A physician must

reveal to his or her patient such information as a skilled practitioner of good standing would provide under similar circumstance, including the potential of complications

Informed consent is a legal doctrine that provides that a patient has the right to know the potential

risks, benefits, and alternatives of a proposed procedure

The ethical rationale underlying the doctrine of informed consent is

rooted in notions of freedom of choice, liberty, and autonomy

The courts generally utilize a subjective or objective test to determine whether a patient would have refused treatment if the physician provided adequate information as to the risks, benefits, and alternatives of the procedure. Under the subjective test thoery

the patient must testify and prove that they would not have consented to the procedure(s) had they been advised of the particular risk in question

Which of the following is a defense available to defendants who have been sued on the basis of failure to provide their patients with sufficient information to make an informed consent

the risk is not disclosed is commonly known and does not warrant disclosure

If a procedure is necessary to protect one's life or health, every effort must be made to document the medical necessity for proceeding with medical treatment without consent

true

consent for incompetent patients, assuming there is no designated family member or surrogate decision maker, can be obtained through application to a court for an order designating a decision maker to make the patient;s healthcare decisions

true

regardless of religious beliefs, patients have the right to refuse treatment

true

Clinical assessment of decision-making capacity should include the patient's ability to

understand the risks, benefits, and alternatives of a proposed procedure, as well as express his or her treatment preferences

______ consent is the preferred method of obtaining consent

written