The role of the consent is significant from the legal standpoint in the patient care. An individual has the right to refuse medical treatment and or may allow the right to consent. However, an individual based on the consent doctrine, an adult individual has the right to determine what shall be done with his own body, and a medical provider can commit a legal liability if no consent from the patient is obtained. Therefore, the importance of the consent before treating a patient is reliant to the information and clarification of the patient.
The provision of the informed consent is the legal role and the responsibility of the physician and the independent practitioner. The primary health care provider must disclose any information that can be understood and comprehend by the patient to make an informed choice. The disclosed information allows the patient to understand the risks and benefits of the procedure …show more content…
and or the treatment, description of other alternative treatments and the risk involved with the alternative treatments.
The new standard of the informed consent involves the shared medical decision making. Thus, allowing the physician and or the primary medical practitioners to provide the relevant risks and benefits of the treatment and all other alternative treatments and the risks and benefits of the alternative treatment. In addition, the patient and the physician shares personal information relevant to the illness and diagnosis of the patient that leads to a mutual decision regarding the appropriateness of the medical therapy and treatment plan. The involvement of the patient in the shared medical decision making allows the development of trust among the physician and the patient, the improvement of the patient autonomy, lessen the unwanted medical procedures.
The right to identify the names and the status of the individual performing a surgical procedure is part of the informed consent the patient must know. The importance of disclosing the information prior to surgery, allows the patient ask questions and clarifications to make an informed decision. If an informed consent is not clear or there is uncertainty on the part of the patient, the physician and or the primary health care provider must be notified to further explain and provide clarification of the procedure or treatment.
The role of the nurse on informed consent is limited to the verification of the knowledge and understanding of the medical treatment information provided by the physician or the primary medical practitioner. The responsibility of the nurse is to notify the physician to make sure that the patient fully understands the informed consent. The informed consent may be withdrawn at any time by the patient or considerable changes in the condition of the patient, even if the patient already signed the consent. Without the proper understanding and clear knowledge of the medical treatment, there is no written form that excludes the patient’s right to withdraw.
According to the state law, an adult individual can give and refuse a consent. However, instances of marriage prior to legal age can be considered as an adult. Upon the assessment of the physician, the adult individual must show the competent ability of understanding the consequences of his or her action from the time of the consent is requested and obtained. Therefore, the adult individual must be capable of understanding of the proposed treatment, alternative treatment, and significances of the informed choices.
The court-appointed guardian and a person with valid, written power of attorney are the two exceptions to the legal adults’ right in giving and refusing the informed consent. As discussed in the Supreme Court in California, the family member cannot make decisions for a conscious patient. Unless the patient signed a medical directive or durable power of attorney for health care decisions stating patient wants to die or allowing the patient to die is in the patients best of interest, the patient decision for the health treatment and consent for treatment must be respected.
Consequently, a legal guardian or the representative of an adult individual must consider, evaluate and followed the expressed wish concerning the treatment or refusal of treatment made by the adult individual prior to deterioration of the mental status and or competency. The informed consent on refusing the treatment must include the consequences of continued deterioration of the patient condition.
In the ethical perspective of Jimmy’s’ situation using the models for ethical decision, a full understanding and comprehension of the dilemma must be analyzed and assessed followed by the evaluation of the application of the decision.
Starting with the identification of the ethical dilemma and issue, the participation of the patient, family members, nurses, physician, clergy and multidisciplinary health care members is imperative.
Outlining and examining the options of Jimmy, including the risks and benefits of the proposed treatment and the alternative treatments, the pros and cons of the options must be identified. The next is resolving the dilemma. By reviewing the options and issues and applying the basic ethical principles, the decision is viewed based on the presented options of the concerns. The application of the chosen option requires the actual implementation. Finally, the evaluation of the implemented option and the entire
process.
The ethical principles are rules to guide in identifying the moral practices of the health care providers in the actions, intentions and motives in addressing an ethical dilemma. Thus, the ethical decision-making framework must be evaluated and analyzed to deal with involved ethical dilemma. The provision and preservation of autonomy and beneficence to the patient is during a dilemma is an essential role of the health care providers.
The beneficence principles on the situation pertains to the good and moral action of the nurse, consequently, providing compassion and helping the patient and other family members on understating the benefits and balancing the risks pertaining to the treatment.