INFORMEDCONSENT SAN ANTONIO COMMUNITY HOSPITAL September 28, 2006 Snyder, Walker & Mann
WHAT IS CONSENT? • Acceptance or approval of what is planned or done by another; acquiescence. • Informed consent is a legal condition whereby a person can be said to have given permission to go forward with medical care or treatment based upon an appreciation and understanding of the facts and implications of this care or treatment.
WHAT IS CONSENT? • Affects Various Rights: • Fundamental right over the control of one’s body. • Personal rights. • Property rights.
WHEN IS CONSENT NECESSARY? • General Rule: No treatment without risk of liability unless patient has consented. • Types Of Consent • Simple • Informed • Exceptions • Special Procedures
WHO MAY GIVE CONSENT? • Adults • Minors – without capacity to consent • Minors – with capacity to consent
CONSENT: ADULTS • What is an adult? • Capacity to make decisions • Married patients • Power of attorney/surrogate • Conservatorship • None of the above
WHAT IS AN ADULT? • Reached age 18 • Minor in a valid marriage • On active duty in military • Emancipated minor
CAPACITY TO CONSENT • A person’s ability to understand the nature and consequences of a decision, to make and communicate a decision, and the ability to understand the significant benefits, risks and alternatives.
CAPACITY TO CONSENT • Respond knowingly and intelligently to questions about the medical treatment • Participate in the treatment decisions by means of rational thought process • Understand: • Nature and seriousness of illness • Nature of recommended treatment • Benefits, risks, consequences & alternatives
CONSENT FROM OTHERS • Married patients • Without other legal relationship, no consent • Power of attorney/surrogate • Written power of attorney/healthcare agent • Conservatorship • Letters of conservatorship • LPS Act • None of the above
MINORS WITHOUT CAPACITY • Parents • Married • Divorced • Step parent • Out of wedlock • Registered domestic partner • Guardianship • Third party consent
MINORS WITH CAPACITY • Emancipated • Active duty military • Married or previously married • Contraceptive care • Reportable diseases • Victims of rape/sexual assault • Mental health treatment • Drug/alcohol related
HOW IS CONSENT OBTAINED? • General Considerations • Physician • Hospital • Alternate Methods
HOW IS CONSENT OBTAINED? • General Considerations • Freely Obtained • Express • Implied • In Writing
HOW IS CONSENT OBTAINED? • By The Physician • Verbally • Consent Form • Document Chart • Document Chart
HOW IS CONSENT OBTAINED? • By The Hospital • Procedure • Practitioner • Medical Information • Time & Date of Signature • Witness • Copies for Patient & Chart • Verify Consent Obtained By Physician
HOW IS CONSENT OBTAINED? • Alternate Methods • Telephone • E-Mail • Facsimilie
HOW IS CONSENT OBTAINED? • Communication & Cultural Barriers • Interpreter • Translated Documents
WHY IS CONSENT NECESSARY? • Battery • Professional Negligence • False Imprisonment • Invasion of Privacy & Defamation