Informed Consent

Question 1

Define informed consent

Answer 1

Informed consent is the legal construct empowering each individual w/ the right to make educated decisions regarding his or her health

Question 2

Who is responsible for obtaining informed consent?

Answer 2

The process of obtaining informed consent is the moral, ethical and legal responsibility of All healthcare providers

Question 3

When should informed consent be obtained?

Answer 3

Needs to be obtained before all medical interventions that have the potential for harm

Question 4

What 3 conditions must be met for informed consent?

Answer 4

1. Pt must have capacity or competence to consent
2. Pt must be provided with clear info*
   A. Clear information means: nature of proposed procedure given, the alternatives, the risk and benefits of the procedure, and the alternatives. The pt must be given the opportunity to ask questions.
3. Pt must give consent voluntarily
   A. LASTLY, the pt has the right to refuse treatment- DOCUMENT THIS and any witnesses

Question 5

Why is documentation key to informed consent?

Answer 5

1. All communication in the process, written and oral, should be provided at the patient’s level of understanding
2. Written consent is preferred form of consent
3. Verbal consent should always be documented explicitly by the healthcare provider in the medical record
4. The above is key to successful malpractice defense when the issue of consent to treatment arises.
5. Most states require a consent form to be witnessed.
   However, informed consent is more than a legal necessity; it establishes and strengthens the pt-provider relationship, can alleviate pt’s anxiety, AND crucial to gaining/maintaining the patient’s trust.

Question 6

Define general consent

Answer 6

General consent obtained on hospital admission for every patient for routine services and routine care by health care staff

Question 7

Define implied consent

Answer 7

ER pts have an implied consent due to immediate action being required
Treatment to prevent death or other serious harm to a pt does not require informed consent

Question 8

Define special consent

Answer 8

Special Consent required for specific high-risk procedures or treatments (i.e. surgery, endoscopy, colonoscopy, bronchoscopy, TEE, etc)

Question 9

Why may emergencies be exempt from informed consent?

Answer 9

Patient that lack decision-making capacity (not mentally competent to make decisions)
Need surrogate to act on behalf of pt

Question 10

Why may a pt waiver of consent be exempt from informed consent?

Answer 10

Conset is a pt’s right, but not a duty. They can choose to waive their right to receive the relevant info and give informed consent to treatment

Question 11

Why may public health requirements be exempt from informed consent?

Answer 11

Rare cases, public health statues may authorize pt detention or tx w/o pt’s consent; overrides pt autonomy to protect important public health interests (think Ebola outbreak)

Question 12

Define therapeutic priveledge

Answer 12

Extremely controversial and not universally recognized
HCP discloses info based on what they consider about the physical, mental, and emotional state of their pt, and what they feel their pt can handle knowing