Giving Consent Mary Carnahan HA 301 Legal Aspects Legislation in Health Care August 16, 2016 Introduction What are some bioethical challenges regarding the consent process for organ transplantation? Health care providers have a commitment to respecting a patient’s right to donate an organ and an obligation to ensure the patient provides informed and voluntary consent for the procedure. Does this consent process differ from the consent needed to provide health care to a patient in other situations? I will be doing a research on giving consent, in the medical profession there are many regulations and legal aspects when a patient gives consent for any type on service. What is consent? Consent for medical treatment by “law, voluntary agreement with an action proposed by another. Consent is an act of reason; the person giving consent must be of sufficient mental capacity and be in possession of all essential information in order to give valid consent. A person who is an infant, is …show more content…
Both state and federal legislation has been put in place to provide the safest and most equitable system for allocation, distribution, and transplantation of donated organs” (HRSA, n.d.). Consent is required from a patient regardless of the intervention from a physical examination to organ donation. It can be given: Verbally-for example, by saying they are happy to have an X-ray or in writing-for example, by signing a consent form for surgery. There are two types of organ donation: living and deceased. Donated organs are given to someone who has damaged organs that need to be replaced. An organ transplant may save a person's life or significantly improve their health and quality of
Consent is defined by NHS Choices (2010) as: "the principle that a person must give
One of the areas that is currently affecting the United States is the ethical issue of organ transplant allocation. Since the first single lung transplant in 1983 and then the first double lung transplant in 1986 there have been thousands of people who have lived because of the surgery. One must examine, evaluate, and apply the four ethical principles to Organ transplant allocation to look at the ethical issues involved. Once must look at the fact that not every patient who would benefit from a transplant will receive one in time
In general rule, every adult patient should be given consent to medical treatment but it would be unlawful if medical professional touch a patient without consent. Therefore, consent is very important under medical treatment. The consent must be given voluntarily by someone who has the capacity to consent and who understands what the treatment involves which known as informed consent.
Consent means to provide approval for something to happen or an arrangement to do something.
Patient informed consent refers to the situation where the patient is fully informed on the consequences of their health care decision after which the patient gives the decision. For there to be informed consent, there are five elements that must be discussed. The first is the nature of the patient's decision then the applicable alternatives to the proposed intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives. Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's competency to make the decision must be addressed. The criteria for evaluating the patient's competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided the person is able to understand, retain and use information provided and to communicate their decision in any way such as talking or sign language, they are competent to make a decision. If a patient is treated against their refusal to consent, it amounts to the tort of battery or can also be considered the crime of assault. In addition to this, laws that touch on human rights reinforce the importance of the protection of the physical integrity of the individual in terms of their right to respect of their private life. Therefore, refusal of medical treatment is a human right.
The Doctor and Patient relationship aspect of Medicine has changed drastically in the last twenty years. It has evolved from paternalism (the doctor makes the decision for the patient) to shared decision making where the patient is considered an equal partner in his/her own health related decisions. Informed consent is the cornerstone for this view. When a patient or a research subject makes an autonomous decision after understanding, the risks and benefits involved with the decision is Informed consent. Complete Informed consent covers the following components: competency, disclosure, comprehension and voluntary. Competency refers to the requirement for the individual to be of legal age and be mentally competent to understand the process.
In this assignment I will be discussing Adult Nursing and Mental Health Nursing and issues regarding consent. Consent is important within all fields of nursing as it is essential to conduct any medical procedures. The Nursing and Midwifery Council Code of Conduct (NMC,2008) states that all healthcare professionals must presume that all patients have the mental capacity to accept or deny medical treatments after being given all information which may be needed. However there may be some instances where consent cannot be obtained. An example of this is if the patient is in a medical emergency and may be unconscious or if the patient lacks the mental capacity to make a knowledgeable choice. In this situation treatment would be
The first organ donation was successfully performed in 1954 (Major). Since then, institutions have set up many regulations and processes that have saved many lives by allowing people to donate their organs, but government policies in the United States have set up laws that prevent individuals to make choices about their own bodies. The National Organ Transplant Act (NOTA) is a regulation that prevents those who prefer to profit from their donation. The purpose of the act was to, “prohibit the assignment of a monetary value to an organ for transplantation, thus preventing commercialization and ensuring some level of equity in access to organs” (Delmonico). “Punishment includes fines up to $50 000 and 5 years in prison” (Friedman). The only country that legalizes organs to be bought and sold is Iran. The Iranian government recognized the overwhelming increasing of resources needed for dialysis as more and more people were becoming ill, so the government decided to make it legal to pay citizens to have transplants mainly in the UK (Major). When a person is in need of an organ, doctors assess whether or not that person is eligible for a transplant (Bernard). Once they have been approved, the patient will be referred by the doctor to a transplant center where they evaluate the patient’s physical and mental health as well as the patient’s social support to clear the requirements for being considered a viable candidate for an organ transplant, and finding the right donor is all
DEF: represents an ethical parameter of the humans rights for an individual to make an informed decision regarding a specific procedure or a treatment (Buka 2015). Furthermore, the information provided by the health professionals should include all benefits especially the risks and alternatives treatments in order to empowers the individual to be autonomous in the decision making process (Wilhite 2010) and therefore consent is not just a signed document.
If a service user refuses to give consent in a work setting as a healthcare assistant I must document the refusal first and foremost in the careplan and also inform the manager next I would gently explain to the service user that they are full within their rights to refuse consent but I would like to also inform them of the risks,benefits and potential life threatening consequences that may follow their decision as a result. I would fully ensure that they have clearly understood the decision they have made and that they have also understood what I have explained and documented inluding all the reasons of how,when and why the care is provided for them specifically and what the medication is for also. Finally I would kindly ask if the service
Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving
Organ donation is the medical process of voluntarily giving one or more of your organs to someone in need, whether it be someone you know or a stranger. It is strictly voluntary, no payment for the organ/s will be given from the hospital, the recipient or the recipients family. In organ donation, there are two types of donations, living organ donation and deceased organ donation. Living organ donation is when the donor is still alive and voluntarily chooses to donate one or more of their organs to a recipient(s) in need. Whereas, deceased organ donation happens after the donor has passed away, and consent was given to be able to donate their organs.
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed
With people making important decisions about their body every day the subject of organ donation becomes increasingly important. For years, the topic has been the source of many controversial debates regarding its ethical and moral ideations. Organ donation should remain voluntary for several reasons: first and foremost it is still considered a donation. Next, patients and their families should have the right to say no to medical procedures. And, lastly, bodily autonomy should be respected by healthcare professionals. Many argue, however, that organ donation should be mandatory as to decrease not only the time spent on an organ donation list but also the risks of mortality while waiting for a new organ. Families often have the final say in
According to United Network for Organ Sharing (2010) organ donations and transplantation are the removal of organs and tissues from one person and placed into another person’s body. The need for organ transplantation usually occurs when the recipient organ has failed (UNOS, 2010). Organ donation can save the lives of many individuals who are on the waiting list for an organ donation. Becoming an organ donor can be a difficult decision. Many people have the false beliefs about being an organ donor. An example would be if organ donor is on their driver’s license and a person is in a life-threatening accident everything will not be done to save their life. There is an increase need for organ donors and unfortunately the need for organ