Consent is the voluntary agreement by a person who possesses sufficient mental capacity to make an intelligent choice to allow something proposed by another to be performed on themselfs (Pozgar, 2013, pg. 404) . Consent must be obtained prior to any medical procedure (Pozgar, 2013, pg. 404).
Express consent can take the form of either verbal agreement or can be accomplished through the execution of a written document authorizing care (Pozgar, 2013, pg. 404). Implied consent is determined by the act of silence (Pozgar, 2013, pg. 404)
The two forms to express consent can be either verbal or written documentation (Pozgar, 2013, pg. 404).
Informed consent is a legal concept that provides that a patient has a right to know; the potential …show more content…
407).
The patient, spousal consent under emergency situations, and a legal guardian who by law is invested with the power and charged with the duty of taking care of a patient can all be authorized to give consent (Pozgar, 2013, pg. 410).
The informed consent doctrine provides that a doctor has legal, ethical, and moral duty to respect patient autonomy and to provide only such medical care as authorized by the patient. The patient must be competent enough to make make a decision. There are a variety of consent forms designed to more specifically describe risks, benefits, and alternatives to certain risky treatments (Pozgar, 2013, pg. 411). A patient has the right to withdraw consent up to the instant of treatment (Pozgar, 2013, pg. 412).
Parents can refuse to consent for a lifesaving procedure for their child. However, the parents may face accusations of medical neglect and charges of parental neglect from the Juvenile and Domestic Court. Temporary joint custody may have to take effect to monitor the child. The family may be ordered to provide court updates on the child's health care until he is cured or turns 18 (Pozgar, 2013, pg. …show more content…
A competent patient’s refusal to consent to a medical or surgical procedure must be adhered to whether the refusal is ground on lack of confidence in physician, fear of procedure, or doubt in value of procedure(Pozgar, 2013, pg. 414).
A physician must disclose to the patient the potential of death, serious harm, and other complications associated with the proposed procedure. The scope of a physician's duty to disclose is measured by the communications that a reasonable medical practitioner in that branch of medicine would make under the same or similar circumstances a position must Brazil to the patient the information that a skilled practitioner in good standing with provide under similar circumstances (Pozgar, 2013, pg. 407).. The concept of consent arises from the ethical principle of patient autonomy and basic human rights. Patients have the freedom to decide what should and should not happen to them, as well as to gather information prior to undergoing a test or procedure. The legal implications is that no one has the right to touch another person, any act done without permission can be considered assault and battery.
The purpose of statutory consent is to provide law that implies consent on the presumption that a reasonable person would consent to lifesaving medical intervention (Pozgar, 2013, pg.