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.
Why ?
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.
When ?
Every time you touch a patient !
Types of consent
Implied
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
Components of informed consent
Competency / Legal capcity
Ability to comprehend the nature, purpose, and consequences of the offered treatments.
Consent is given freely and voluntarily
Must be mentally competent to decide whether or not they want to go ahead with the procedure or intervention.
Autonomy
The right to refuse, regardless of the reason
Eg. Religion, skepticism, other...
Understanding
Information to be given
Introduction
Introducing yourself
Diagnosis
Name of the advised treatment
Explaining
Nature and purpose of the treatment
Expected benefits, common side effects and risks of treatment
Alternatives
Other options for investigation/ treatment
May include the risks and benefits too
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)
Exception
No consent
Doctrine of Emergency
Life threatening situation
Possible serious health impairment
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
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.
Consent from others
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
Incompetence
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
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)