HIM130-Patient Consent

Should a patient refuse to consent to treatment, for any reason,

a note should be placed in the patients medical record indicating the patient's reason for refusal and a release form should be executed, signed dated and witnessed

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

battery

In the absence of statutory protection, a procedure performed despite an individual's refusal to consent would constitute

battery

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

Adult patients who are conscious and mentally competent

have the legal right to refuse to permit a touching of his or her body

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

Although hospitals are not generally responsible for informing patients as to the risks, benefits and alternatives to specific procedures, hospitals

in some cases owe a duty to provide patients with informed consent

Consent that requires that a patient have a full understanding of that to which he or she has consented

informed

Verbal consent

is more difficult to corroborate

When a physician doubts a patient's capacity to consent

it may be the duty of the court to assume responsibility of guardianship for a patient who is non compos mentis

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

medical record

Informed consent is

often used as a legal protection for the physician for unforeseen mishaps that might occur during surgery

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

patient

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

physician

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

physician who normally possesses the knowledge of a particular patient's medical history, diagnosis, or other circumstances that would enable the employee to fully disclose all pertinent information to the patient

The burden of establishing proof in a complaint of lack of informed consent is on the

plaintiff

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

When questions arise as 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

The ethical rationale underlying the doctrine of informed consent is

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

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

sufficient authorization for treatment in certain situations

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

the defendant must prove that a "reasonable person" would not have undergone the procedure if he or she had been properly informed

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

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

Defenses available to defendants who have been sued on the basis of failure to provide their patients with sufficient information to make an informed decision include:

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

An informed consent form should include

the risks and probable consequences of the proposed treatment, the probability that the proposed treatment will be successful, the signatures of the patient, physician, and witnesses, the date the consent is signed

A limited power of attorney for students authorizes, for example, school officials (e.g., teachers)

to act in emergency situations on behalf of students under their supervision during a field trip

A physician is

under a duty to elucidate upon all the potential risks of a proposed procedure

The 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

When a patient is clinically unable to give consent to a lifesaving emergency treatment, the law implies

when an emergency situation does arise, there may be little opportunity to contact the attending physician, much less a consultant, thus consent is implied

The preferred method of obtaining consent is

written