Project Case

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

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 author cites qualitative research articles and nursing education manuals and training manuals from many different authors and time periods. There were no quantitative studies cited. All research article referenced were relevant to the study, most were greater than seven years old and older. No evaluations of strengths or weaknesses were available for referenced material. The limitations of this study were named as: “data was exploratory, It was not the specific intention to explore the management of the patient who refuses care; the topic came from the inductive data analysis.(Aveyard, 2004, p. 349) It is relevant as this is a previously unexplored area of nursing.(Aveyard, 2004, p. 349) The author builds a logical argument through discussion of nursing education, and the fact that nursing education and the focus of informed consent in nursing education is on the nurse’s role in obtaining consent prior to medical procedures and research procedures, and not prior to nursing care procedures. The author uses the argument that the lack of discussion on informed consent does not negate its importance and it purpose which is to protect a patients autonomy .(Aveyard, 2004, p. 346)

Obtaining an informed consent is a vital part of current health care. This document lists out several key pieces of information for both the patient, Provider, and the ancillary staff that also access the document during the procedure process. However, obtaining informed consent has not always been the practice norm and in research, informed consent carries different specifications.

A physician who does not provide this to his/her patient may be liable for battery or negligence in the light of the doctrine of informed consent (Thorton 2000). As patients are entitled to this information, physicians possess a duty to disclose regarding risks and hazards, while performing the procedure or treatment as agreed with the patient. If the doctrine of informed consent did not exist, physicians would be able to perform medical treatments, procedures, without a patient’s consent or full knowledge of the perils of healthcare. In addition, healthcare demands trust which is necessary between patients and physicians in order to deliver beneficial health outcomes. If the doctrine of informed consent is not performed between the patient and physician, then trust diminishes resulting in poor health outcomes (Roach 2014). An example of deliberate harm due to uninformed consent exist in the research conducted in the Tuskegee experiment, where treatment was withheld and subjects were not informed of their illness or available treatments (CDC 2013) resulting in poor health and

An informed consent is the sovereign act by the patient or a research subject to authorize a healthcare professional to perform a medical procedure. It means that patients must be briefed on all the goals of the procedure, the methods to be used by the physician and all the risks that they might be subjected to while undergoing therapies/treatments. De Bord (2014), defines informed consent as “Informed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment” (as cited in Appelbaum, 2007). In this paper, I will argue that Jay Katz’s claim for the lack of genuine informed consent in healthcare field is firm by demonstrating and buttressing his claim. I will also pinpoint how Jay Katz’s argument is consistent with the medical professionals’ code of ethics

It is important that all health care administrators understand the role of informed consent in order to avoid legal actions (lawsuits). In the case with the elderly man with suffering from gangrene, and showed signs of dementia; a mental test should be performed to determine if he could

In an emergency, when a person is unable to give informed consent or time does not allow for a full informed consent process

Informed consent was developed to protect both patient and doctor. Before World War II, doctors, researchers, scientists, etc. were left to their own volition as what to tell and not tell patients and participants in experiments (Gravetter & Forzano, 2016, p. 104) allowing for many unethical practices to take place. The procedure, whether it be for services needed such as in a hospital or details of an experiment for which someone has volunteered, is to be explained in such a manner that it is completely understood and comprehended.

Placing nurses in the difficult situation of obtaining informed consent has also been identified as a problematic area in my place of work. As stated by Westrick (2014), the delegation of obtaining an informed consent should never by the responsibility of the nurse. The physician who is performing the procedure is responsible for obtaining the informed consent (Westrick, 2014). It is merely the nurse’s duty to witness the informed consent (Westrick, 2014). The informed consent allows for the physician to give the patient the information needed to make an informed decision thus leading to the title of informed consent (Thomson Reuters, 2016).

Informed Consent must be obtained for all types of human subjects research including; diagnostic, therapeutic, interventional, social and behavioral studies, and for research conducted domestically or abroad. Obtaining consent involves informing the subject about his or her rights, the purpose of the study, the procedures to be undergone, and the potential risks and benefits of participation. Subjects in the study must participate willingly. Vulnerable populations (i.e. prisoners, children, pregnant women, etc.) must receive extra protections. The legal

Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but

to the procedure or not. It is important for patients to undergo the informed consent

Insofar as informed consent has been expounded, two main principles of bioethics have emerged as paramount; autonomy and non-maleficence. Although seemingly clear, the boundary of both respecting a person’s autonomy and doing no harm becomes blurred when the patients have disabilities that remove their ability to reason and justify soundly (e.g. total brain injuries or severe stroke patients). Although the participants in the proposed study will be fully-abled as per the exclusion criteria, understanding why cognitively impaired participants cannot give ‘informed’ consent further elaborates on higher-order-thinking required in the informed consent process. Without such a process, patients whom elect to become participants may not understand that this research is a separate entity to their regular treatment regime, and essentially will have become coerced into consenting due to a lack of clarification (Kerridge, Lowe, & Stewart, 2009; Rigg, 2012a; Rigg, 2012b).

 [PDF]Case Study: Transport Corporation of India Limitedsiteresources.worldbank.org/.../t...পাতাটিকে অনুবাদ করে দেখাও(TCI), as a major cargo transport company, recognized the importance ... The information in the TCI case study is based on personal interviews with TCI Foun- .... cess to medical records, it also supports analysis providing useful insights.