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24 Cards in this Set
- Front
- Back
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Process/Communication Process |
They will test your knowledge and ask what surgery you having today. |
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When are you unable to give consent? |
When you are under any mind altering substances |
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Responsible Patient Standard |
The extent of the MD's duty to provide information is determined by the information needs of the patient, rather than be professional practice. **The needs of the patient depends on how they will be informed. |
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What do you never say when giving probability of of a procedure? |
100% because you will be held liable |
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What must be disclosed when informing a patient? |
The description of the procedure |
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What can a patient do when signing a consent? |
May cross off and assign your own doctor. |
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By law what does it mean when you sign a consent? |
If you sign it; it means you read it |
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Theory of informed consent |
is timely*** |
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Reasonable Physician Standard |
Duty to provide the information that a reasonable medical practitioner would offer under the same or similar circumstances. |
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Theory of Informed Consent |
The defendant MD failed to inform him adequately of a material risk before securing his consent to the proposed treatment If he had been informed of the risk, he would not have consented to surgery -The adverse consequences that were not made known did occur -He was injured as a result of submitting to treatment |
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What do most cases involve with theory of informed consent? |
Allegations that the provider failed to reveal sufficient information as to the risks and consequences of the procedure. |
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Types of Consent forms? |
Blanket Battery Detailed |
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Battery consent |
Generalized; blood type might on there but not specific Blank spaces for name and description of the procedure and physician general information not specific to the procedure |
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Detailed |
Does not replace the informing process-booklet-just a secondary piece of information Written detail describing the medical condition, procedure, consequences, risks, alternatives to treatment Can deter misunderstandings |
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Blanket |
Covers Consents that authorized any procedure the physician wished to perform Evolved into the general admission consent forms |
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What does the patient have the right to do about the informing process? |
patient has a right to say they didn't want to be informed on the procedure-must have consent for that |
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Extensions or modifications to surgical procedures |
-Unexpected conditions arise -Necessary to preserve the patient's life -Gives the patient the opportunity to reject |
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Substitution for Practitioners |
-Only the practitioner listed on the consent are allowed to operate Patient refuses to consent for a particular practitioner Physician partner can not be substituted without patient consent |
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Causation |
Must be shown that there was a link between inadequate informed consent and the injury, proving that the individual would not have given consent if the risk that occurred had been disclosed |
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Objective standard |
What would a reasonable person have done |
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subjective standard |
Prove that the individual would have refused consent if informed |
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Exceptions to informed consent |
-Emergencies-no time to obtain -Therapeutic Privilege-MD can withhold info if he feel it would pose a threat to the patient -Patient Waiver-Patient waiving their rights to be informed -Required by law-Criminal cases, mental illness, and communicable diseases. |
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Documentation Concerns |
-Signature to form - Modification to the form need to be made in ink -MD writes a note in the chart about their exchange -Brochures, videos to help inform patient -Must be consistent with the form |
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Period of validity |
No period of validity significant change in condition |
