informed consent san antonio community hospital september 28, 2006 snyder, walker & mann
TRANSCRIPT
INFORMED CONSENT
SAN ANTONIO COMMUNITY HOSPITALSeptember 28, 2006Snyder, 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.
WHAT IS CONSENT?
Affects Various Rights:
Fundamental right over the control of one’s body.
Personal rights.
Property rights.
WHEN IS CONSENT NECESSARY?
General Rule: No treatment without risk of liability unless patient has consented.
Types Of Consent Simple Informed
Exceptions
Special Procedures
WHO MAY GIVE CONSENT?
Adults
Minors – without capacity to consent
Minors – with capacity to consent
CONSENT: ADULTS
What is an adult?Capacity to make decisionsMarried patientsPower of attorney/surrogateConservatorshipNone of the above
WHAT IS AN ADULT?
Reached age 18
Minor in a valid marriage
On active duty in military
Emancipated minor
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.
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
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
MINORS WITHOUT CAPACITY
ParentsMarriedDivorcedStep parentOut of wedlock
Registered domestic partnerGuardianshipThird party consent
MINORS WITH CAPACITY
EmancipatedActive duty militaryMarried or previously marriedContraceptive careReportable diseasesVictims of rape/sexual assaultMental health treatmentDrug/alcohol related
HOW IS CONSENT OBTAINED?
General Considerations
Physician
Hospital
Alternate Methods
HOW IS CONSENT OBTAINED?
General Considerations
Freely Obtained
Express
Implied
In Writing
HOW IS CONSENT OBTAINED?
By The Physician
Verbally
Consent Form
Document Chart
Document Chart
HOW IS CONSENT OBTAINED?
By The HospitalProcedurePractitionerMedical InformationTime & Date of SignatureWitnessCopies for Patient & ChartVerify Consent Obtained By Physician
HOW IS CONSENT OBTAINED?
Alternate Methods
Telephone
Facsimilie
HOW IS CONSENT OBTAINED?
Communication & Cultural Barriers
Interpreter
Translated Documents
WHY IS CONSENT NECESSARY?
Battery
Professional Negligence
False Imprisonment
Invasion of Privacy & Defamation