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Introduction
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What ?
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Seeking approval from the patient
- Consent can only be obtained by the doctors and nurses who are involved directly in the patient's care.
- The patient is then being informed about the different options that are available.
- Providing the patient with enough details and sufficient time to make a decision.
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Why ?
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Autonomy
- Basic human right
- The process of obtaining consent for clinical studies should uphold the patient's decision-making ability and follow the specific rules of the hospital.
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When ?
- Every time you touch a patient !
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Types of consent
- Implied
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Express
- Oral / Verbally
- Written
- Better for documentation
- A must for
- Treatment
- Dissemination of patient's information.
- Discussion of HIPPA laws
- Specific procedures
- Surgery
- Blood transfusion
- Anesthesia
- Valid for 30days
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Components of informed consent
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Competency / Legal capcity
- Ability to comprehend the nature, purpose, and consequences of the offered treatments.
- Consent is given freely and voluntarily
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Must be mentally competent to decide whether or not they want to go ahead with the procedure or intervention.
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Autonomy
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The right to refuse, regardless of the reason
- Eg. Religion, skepticism, other...
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Understanding
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Information to be given
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Introduction
- Introducing yourself
- Diagnosis
- Name of the advised treatment
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Explaining
- Nature and purpose of the treatment
- Expected benefits, common side effects and risks of treatment
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Alternatives
- Other options for investigation/ treatment
- May include the risks and benefits too
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Consequences of refusing the treatment
- The right to refuse treatment
- Consequences of that tight (serious injury, death )
- May have to sign AAMA /AOR form (Against medical advice / At own risk)
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Exception
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No consent
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Doctrine of Emergency
- Life threatening situation
- Possible serious health impairment
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Impossible to obtain the patient's consent :
- If there's no time to obtain consent
- If the patient is unable to communicate
- If there's no surrogate decision maker available
- It's presumed that treatment is wanted
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Unless there are advance care directive
- A written record that records the values, life goals and preferred outcomes or directions about care and treatments.
- Eg. DNR (Do not resuscitate), not for CPR, intubation.
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Consent from others
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Minors = Young people under 18years old
- The guardian decides
- Must act in the best interest of the minor
- Minor's wishes have to be considered
- Court may take over the guardianship
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Incompetence
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Lack of capacity to make treatment decisions
- Eg: People with intellectual disabilities/ Those affected by certain forms of mental illness.
- Inability to comprehend the risks and benefits
- Communication issues are NOT under this criteria
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Guardian requires (substituted consent )
- Advance Care Directives can also formally appoint a substitute decision-maker
- Application to case
- Legislation applying to guardianship decision making framework : Guardianship and Administration Act 1990 (WA)
- Case law :