Express Consent In Health Care

"Consent for Treatment" Please respond to the following: * Ms. Davis, a patient at XYZ facility, had a difficult time sleeping and was given something to put her sleep at approximately 3:00 a.m. A form was given to Ms. Davis to sign for surgery while going in and out of sleep at approximately 7:00 a.m. following the sleep medication. Was this an express consent or implied consent? Explain your answer. As the head administrator of the facility, discuss what concerns you have and what would you do with the person who presented Ms. Davis with the consent. * A minor with a gunshot wound was rushed to the emergency room. The parents had not arrived yet. After rushing the minor to surgery, the medical team realized consent for surgery had
An implied consent is apparent by the actions that demonstrate the patient has agreed to the treatment. Either way both types of consent require the person to know all the facts about their treatment. This would include what they were being treated for, what types of procedures they are doing or would like to do and the risks and benefits for the treatment. They must be completely aware of what they are consenting to. In the above situation I would say that the type of consent they are seeking is the implied consent because they are trying to get the patient to sign a consent form for surgery. However she is, in my opinion not able to comprehend the facts of what she is consenting to because she is dosing off and on because of a sleeping aid she was given. She is under the influence of a medication that can have an affect of not also the obvious, sleepiness, but not really being able to comprehend their surroundings. People have a different reaction to medication therefore I cannot even fathom that even if they were able to get her to sign the consent form it should not hold up or be considered legal and standing because of the fact she was under the influence of a medication. It does not state that the surgery was an emergency in which if a surgery was a life-or-death situation where the consent was not
The staff member who presented the patient with the consent under such circumstances would be reprimanded if not suspended for the lack of good judgment and lack of following policies and procedures of what is acceptable and legal for a consent to do surgery. I would not allow the patient to be put through the surgery because she, in my observation was not able to fully comprehend and understand what she was being asked to sign.
According to our text it states "that an emergency eliminates the need to obtain consent because the law values the preservation of life and prevention of permanent impairment. However, this rule applies only when the patient is incapable of expressing consent and the healthcare surrogate is unavailable. The above situation states that the parents have not arrived therefore they do know what has happened to their child and with a gun shot wound the medical faculty made a choice to put the minor in an emergency surgery due to a gun shot wound
Showalter, J. S. (2012). The Law of Healthcare Administration, 6th edition. Chicago, Illinois. Health Administration