informed consent san antonio community hospital september 28, 2006 snyder, walker & mann

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INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

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Page 1: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

INFORMED CONSENT

SAN ANTONIO COMMUNITY HOSPITALSeptember 28, 2006Snyder, Walker & Mann

Page 2: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

WHAT IS CONSENT?

Acceptance or approval of what is planned or done by another; acquiescence.

Informed consent is a legal condition whereby a person can be said to have given permission to go forward with medical care or treatment based upon an appreciation and understanding of the facts and implications of this care or treatment.

Page 3: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

WHAT IS CONSENT?

Affects Various Rights:

Fundamental right over the control of one’s body.

Personal rights.

Property rights.

Page 4: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

WHEN IS CONSENT NECESSARY?

General Rule: No treatment without risk of liability unless patient has consented.

Types Of Consent Simple Informed

Exceptions

Special Procedures

Page 5: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

WHO MAY GIVE CONSENT?

Adults

Minors – without capacity to consent

Minors – with capacity to consent

Page 6: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

CONSENT: ADULTS

What is an adult?Capacity to make decisionsMarried patientsPower of attorney/surrogateConservatorshipNone of the above

Page 7: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

WHAT IS AN ADULT?

Reached age 18

Minor in a valid marriage

On active duty in military

Emancipated minor

Page 8: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

CAPACITY TO CONSENT

A person’s ability to understand the nature and consequences of a decision, to make and communicate a decision, and the ability to understand the significant benefits, risks and alternatives.

Page 9: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

CAPACITY TO CONSENT

Respond knowingly and intelligently to questions about the medical treatment

Participate in the treatment decisions by means of rational thought process

Understand:Nature and seriousness of illnessNature of recommended treatmentBenefits, risks, consequences & alternatives

Page 10: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

CONSENT FROM OTHERS

Married patients Without other legal relationship, no consent

Power of attorney/surrogateWritten power of attorney/healthcare agent

ConservatorshipLetters of conservatorshipLPS Act

None of the above

Page 11: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

MINORS WITHOUT CAPACITY

ParentsMarriedDivorcedStep parentOut of wedlock

Registered domestic partnerGuardianshipThird party consent

Page 12: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

MINORS WITH CAPACITY

EmancipatedActive duty militaryMarried or previously marriedContraceptive careReportable diseasesVictims of rape/sexual assaultMental health treatmentDrug/alcohol related

Page 13: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

HOW IS CONSENT OBTAINED?

General Considerations

Physician

Hospital

Alternate Methods

Page 14: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

HOW IS CONSENT OBTAINED?

General Considerations

Freely Obtained

Express

Implied

In Writing

Page 15: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

HOW IS CONSENT OBTAINED?

By The Physician

Verbally

Consent Form

Document Chart

Document Chart

Page 16: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

HOW IS CONSENT OBTAINED?

By The HospitalProcedurePractitionerMedical InformationTime & Date of SignatureWitnessCopies for Patient & ChartVerify Consent Obtained By Physician

Page 17: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

HOW IS CONSENT OBTAINED?

Alternate Methods

Telephone

E-Mail

Facsimilie

Page 18: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

HOW IS CONSENT OBTAINED?

Communication & Cultural Barriers

Interpreter

Translated Documents

Page 19: INFORMED CONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann

WHY IS CONSENT NECESSARY?

Battery

Professional Negligence

False Imprisonment

Invasion of Privacy & Defamation