Autonomous authorization
patient or surrogate decision maker gives consent
Institutional/policy rules of consent
requirements that an organization/institution fulfill prior to proceeding with treatment
Professional standard for consent
physician relies on a judgement about what colleagues in similar situations would disclose
Reasonable-person standard for consent
required to disclose what reasonable person would want or need to know
Implied consent
- life threatening emergencies
- immediate action necessary
- no surrogate available
- physician presumes the patient would give consent
Legal implications of implied consent
provides physician with defense against battery, but may not defend against charges of negligence is emergency treatment falls below acceptable stands of care
What rights are patients required to be told about at their time of admission/enrollement
- -right to participate in and direct their won healthcare decisions
- right to accept or refuse medical or surgical treatment
- right to prepare an advanced directive
- receipt of information on the provider’s policies that govern the utilization of these rights
Physician has an obligation to act according to patient’s wishes EXCEPT
- patient lacks medical decision making capacity
- Patient wants more than medical standard
- Patient requests not keeping with stands of treatment
- conscientious refusal
Medical Decision making capacity requires patient to have the ability to
- understand relevant information
- appreciate medical situation and possible consequences
- communicate choice
- engage in rational deliberation about values in relation to physician recommendations and treatment options
