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16 Cards in this Set
- Front
- Back
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Consent |
The voluntary agreement by a person who possesses sufficient mental capacity to make an intelligent choice to allow a medical procedure and/or treatment proposed by another to be performed on himself or herself |
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Express Consent |
Can take the form of a verbal agreement or it can be accomplished through the execution of a written document authorizing medical care |
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Implied Consent |
Determined by some act or silence, which raises a presumption that consent has been authorized |
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Informed Consent |
A legal doctrine that provides that a patient has the right to know the potential risks, benefits, and alternatives of a proposed procedure O |
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Objective Test |
The plaintiff must prove that a "reasonable person" would not have undergone the procedure if he or she had been properly informed |
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Subjective Test |
The court examines whether the "individual patient" would have chosen the procedure if he or she had been fully informed |
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Objective Analysis |
The plaintiff's testimony is only one factor when determining the issue of informed consent |
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Subjective Standard |
Relies solely on the creditability of the patient's testimony |
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Verbal Consent |
Is as binding as written consent but is more difficult to corroborate |
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Written Consent |
Preferred over verbal consent as it provides evidence of patient's wishes |
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Judicial Consent |
May be necessary in those instances where there is concern as to the absence or legality of consent |
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Judicial Intervention |
Periodically necessary to grant consent on an emergency basis when a court is not in session |
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Guardian |
An individual who by law is vested with the power and charged with the duty of taking are of a patient by protecting the patient's rights and managing the patient's estate |
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Temporary Guardianship |
Can be granted by the courts if it is determined that such is necessary for the well-being of the patient |
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Limited Power of Attorney |
Authorizes. for example, school officials, teachers, and came counselors to act on the parent's or legal guardian's behalf when seeking emergency care for injured students or campers |
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Patient Self Determination Act of 1990 |
Provides that each person has a right under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment |
