ASSIGNMENT INFORMATION Due Date Saturday, October 7, 2017 11:59 PM Points Possib
ID: 124550 • Letter: A
Question
ASSIGNMENT INFORMATION Due Date Saturday, October 7, 2017 11:59 PM Points Possible 25 Using the knowledge gained from the chapter, answer the following questions. This assignment is worth 25 points and is due by 10/07/2017. 1. Explain the differences between express and implied consent. Which type is more legally sound? Are express consents ever given by patients? If so, give examples. 2. If you were undergoing an invasive medical procedure, what information would you want to know prior to giving (or not giving) your consent? 3. Discuss situations in which informed consent is not legally required. From a public policy standpoint, do any of these exceptions to the informed consent requirement seem problematic 4. Explain different types of advance directives and the pros and cons of each. 5. Discuss situations in which minors may be legally permitted to consent to their own medical treatment. Should they be permitted to make their own treatment decisions in these cases? When finished, make sure to click Submit o ur chana and continue working later, or click CExplanation / Answer
1. Express the difference between express and implied consent? Which type is more legally sound? Are expressed consent ever given to patients?
Express the difference between express and implied consent?
Health practitioners must get proper authorization from patients or patient representatives (in case of emergency procedures, if the patient is minor or mentally ill, etc.) before performing any diagnostic or therapeutic procedure(s).
Express consent
Implied consent
Consent given by words and may be either verbally or in written form.
Consent inferred from a patient’s conduct.
Implied consent is presumed during medical emergencies when a health practitioner finds that a patient has immediate threat to life or his health and the patient is incapacitated.
Mostly providers seek written consent since verbal consent is difficult to prove in case any dispute between patient and health worker arises.
When a person voluntarily undergoes a procedure with adequate knowledge of the procedure then implied consent is present.
Examples:
For most of the diagnostic procedures like MRI scanning, bone marrow biopsy, etc. and for most of the therapeutic procedures like surgical management of a disease, chemotherapy, etc. express consent is obtained.
Examples:
A woman who extends her arm for getting vaccination and accepts vaccination without any objection. Here implied consent is present.
Which type is more legally sound?
In my view, both the consents are legally valid. This is because express consent is meant for general, elective diagnostic and therapeutic procedures where a patient’s threat to life is not present. Therefore, express consent is required for these interventions and should be obtained legally.
Similarly, implied consent is valid in case of life-threatening emergency when neither enough time to obtain consent from the patient who is suffering is present nor the health of the patient is sound (e.g. in case of head injury). In such scenarios, the practitioner may perform the required intervention without any consent from patient/patient representatives and it is totally legally valid.
Are expressed consent ever given to patients?
Express consent is mostly given to patients who require elective diagnostic and therapeutic procedures.
Examples are:
2. If you were undergoing an invasive medical procedure, what information you would want to know prior to giving (or not giving) your consent?
Implications of informed consent:
All the consent provided verbally or in written form should be an informed one. That means the health worker who performs the procedure must explain the patient about all the details regarding the procedure. This includes:
3. Discuss situations in which informed consent is not legally required? From a public policy standpoint, do any of these exceptions to the informed consent requirement seem problematic?
Courts have identified four situations where consent is required but is may not be an informed one (i.e. adequate disclosure of information is not necessary).
From public policy viewpoint, I do not find anything problematic for exempt of informed consent to these conditions.
For example, in case of a snake bite, the suffering patient may be mentally sound and is capable of giving consent. However, time constraint makes health practitioner not to fully disclose all the information regarding consent. Here, the consent is implied.
In my view, the public should be well-informed and educated regarding the areas where a health worker (not a patient) can decide the treatment type in case of emergency.
4. Explain different types of advanced directives and the pros and cons of each.
An advanced directive refers to a document where a patient documents health care decisions for future, in case if he is not able to make those decisions later in life.
Types:
Type of directive
Advantages
Disadvantages
The living will
Gives complete freedom to a patient to choose his/her care in future.
Allows a patient to express healthcare choice and treatment in future.
Prevents unnecessary delay in medical care by protocols like getting informed consent.
It is a mere piece of paper and the physician may not know that it is even present.
It requires multiple workouts like signature, witness, notarization to be valid.
It may be made void if the document is from another state.
The durable power of attorney
Allows an agent to choose healthcare treatment on behalf of a patient. It is useful if the patient is incapacitated.
Prevents unnecessary delay in medical care by protocols like getting informed consent.
5. Discuss situations in which minors may be legally permitted to consent to their own treatment? Should they be permitted to make their own treatment decisions in these cases?
Situations in which minors can consent to their own treatment:
Should they be permitted to make their own treatment decisions in these cases?
In my opinion, it is not the chronological age that decides the authority to consent to medical procedures. For example, many courts have rejected the chronological age as the prime factor in determining maturity of a person and included several factors like maturity level, educational status, etc.
Therefore, I personally view that the ability to give medical consent does not to be restricted to physical age alone.
Express consent
Implied consent
Consent given by words and may be either verbally or in written form.
Consent inferred from a patient’s conduct.
Implied consent is presumed during medical emergencies when a health practitioner finds that a patient has immediate threat to life or his health and the patient is incapacitated.
Mostly providers seek written consent since verbal consent is difficult to prove in case any dispute between patient and health worker arises.
When a person voluntarily undergoes a procedure with adequate knowledge of the procedure then implied consent is present.
Examples:
For most of the diagnostic procedures like MRI scanning, bone marrow biopsy, etc. and for most of the therapeutic procedures like surgical management of a disease, chemotherapy, etc. express consent is obtained.
Examples:
A woman who extends her arm for getting vaccination and accepts vaccination without any objection. Here implied consent is present.