Med Law Chapter 8 - Consent

what legal implications are to be considered when treating a minor

1) a minor has the right o confidentiality 2) a minor who may legally consent to treatment may not be financially responsible 3) a minor's legal guardian may have to be determines - a special problem in the case of divorce and remarriage

how many witnesses are need when a client signs with an X?

2

minor

a person who has not reached the age of maturity-18 years in most jurisdictions

emancipated minor

a person younger that 18 years of age who is free of parental care and is financially responsible for himself or herself

mature minor

a person, usually younger than 18 years of age, who possess sufficient understanding and appreciation of the nature and consequences of treatment despite chronological age

with regards to clinical trials or human research, which of the following often occur?

a) clients are often desperate to get into a clinal and so will consent to anything b) clients are placed into inappropriate trails where there is a need for more subjects c) clients are usually coerced into waiving their rights to sue for any damages during the trials d) all of the above<<< e) none of the above

when a client understands all aspects of a consent and signs a consent form, it is considered...

a) informed consent b) uninformed consent c) informed express consent<<< d) informed implied consent e) none of the above

when creating a consent form, most states require which of the following?

a) name of the procedure b) the possible risks involved c) any alternative procedures or treatments d) all of the above<< e) none of the above

in an uninformed consent, the client has done the following:

a) read the consent form b) read, understood, and signed the consent form c) read, not understood, but signed the consent form<<< d) only a and c above e) only b and c above

an emancipated minor is...

a) someone who lives at home with his parents but is older than 18 years b) someone who lives at home that is younger than 18 years c) someone who is younger than 18 years but is married<<< d) someone who is living at college but is still under their parent's health insurance and the parents pay for their room and board e) only c and d above

implied consent

an expression of consent to something through conduct; usually used for routine services

uninformed consent

client gives permission to allow touching, examination, or treatment by medically authorized personnel but does not understand what has been consented to

do all states recognized mature or emancipated minors?

no

consent

permission by a client to allow touching, examination, or treatment by medically authorized personnel

informed consent

specific guidelines for consent; usually identified by medical practice acts at the state level

doctrine of informed consent laws are the same from state to state

true false<<<

a provider who does not obtain consent from a client is at risk for being accused of battery

true<<< false

as long as a provider has the client's signature on a consent form, the client is considered to be informed.

true<<< false

consent for treatment if implied consent when the client makes an appointment and comes to the clinic as scheduled

true<<< false

the Office of Human Research Protection oversees the safety of participants in federally funded research trials

true<<< false

when are minors able to give consent for medical care?

when they are an emancipated ro mature minor or under special circumstances, such as when pregnant, requesting birth control, or an abortion, have suspected STD, have problems with substance abuse, or are in need of psych care

expressed consent

written consent that is signed by the client, provider, and a witness; it is usually for invasive procedures