LW3404. Informed consent PP slides

What is informed consent?

Informed consent is the process whereby a healthcare professional discloses information to a patient before obtaining consent for a procedure.

True or False: Informed consent applies only in a hospital setting.

False. Informed consent applies in various settings, including primary care, community care, and telemedicine.

What is required from the patient for informed consent to be valid?

The patient must have the capacity to understand and retain the information provided to make an informed decision.

Is informed consent a one-time event?

No, informed consent is an ongoing process of two-way communication.

What does consent justify in medical contexts?

Consent justifies what would otherwise be considered trespass to a person’s body.

What ethical principle is central to informed consent?

Autonomy, or 'self-rule', which respects individuals as independent moral agents.

What landmark case established legal support for patient autonomy?

Schloendorff v Society of New York Hospital, which asserted that individuals have the right to determine what shall be done with their own bodies.

When can doctors act without consent?

In emergencies where immediate treatment is necessary to save life or preserve health.

What is a 'therapeutic exception'?

A principle allowing the withholding of information from a patient only if it is seriously detrimental to their health.

What legal action is commonly associated with lack of consent in medical cases?

The tort of battery, though it is rarely employed in medical cases.

How are allegations of failure to obtain informed consent usually addressed?

Through the tort of negligence, focusing on breaches of duty by the doctor.

Causation in negligence claims requires proof of what two things?

1. That the doctor was negligent in failing to warn about a risk; 2. That this failure caused the harm suffered.

What must a patient prove to succeed in a negligence claim related to informed consent?

The patient must prove both negligence and causation.

What four elements comprise informed consent?

1. Decision-making capacity 2. Disclosure of information 3. Understanding 4. Voluntariness.

What does 'voluntariness' imply in the context of informed consent?

It means the patient must make a choice free of control or manipulation by others.

What standard regarding disclosure has traditionally been applied in medical practice?

The 'reasonable doctor' or 'professional standard' test.

What is the 'reasonable patient' standard?

A standard based on what a reasonable patient would want to know about their treatment.

What key U.S. case influenced the disclosure standard?

Canterbury v Spence (1972), which established that all risks material to the patient’s decision must be disclosed.

What information must be disclosed to patients during the consent process?

Diagnosis, treatment options, risks, benefits, alternatives, and costs.

What is the Bolam test?

A legal standard used to determine if a doctor has fallen below the proper standard of care.

In the case Sidaway v Bethlem Royal Hospital, what did the court determine regarding risk disclosure?

The court found that sufficient information had been provided to the patient, rejecting the 'reasonable patient' standard.

What did Montgomery v Lanarkshire Health Board clarify about risk communication?

Materiality of risk must consider the nature of the risk, its effect on the patient, and alternative treatments.

What constitutes an adult's right regarding treatment?

An adult of sound mind is entitled to decide what forms of treatment to undergo, and consent must be obtained before treatment.

What does Irish case law say about negligence in medical practice?

Negligence is established if a medical practitioner fails to act as a reasonably competent practitioner would.

What does the case Geoghegan v Harris indicate about patient risks?

Patients should be warned of material risks that a reasonable patient would expect to be informed about.

Who is responsible for obtaining informed consent?

It is the responsibility of the doctor providing the treatment to discuss it with the patient.

What conditions must be met regarding where and when to obtain consent?

Consent should be obtained when the patient is best able to understand the information, possibly over multiple consultations.

What language should be used during the consent process?

Simple, clear language should be used, avoiding medical jargon.

What is the scope of consent?

Doctors should not exceed the consent given unless in an emergency.

Why is documentation of consent important?

It's important to document the consent process, especially for invasive or complex interventions, even if not legally required.

What limitation exists regarding consent forms?

Consent forms are evidentiary and do not substitute for genuine communication in the informed consent process.

Why is genuine communication emphasized over forms?

Communication is essential for ensuring patients have the relevant information and opportunity to understand and ask questions.

What is the HSE National Consent Policy?

A policy detailing standards and practices related to informed consent in healthcare settings.