Permission by a client to allow touching,examination,or treatment by medically authorized personnel.

written constent that is signed by the client,provider,and witness; it is usually for invasive procedures

specific guidelines for constent;usually identified by medical practice acts at the same level

An expression of consent to something through conduct;usually used for routine services.

a person who has not reached the age of maturity-18 years in the most jurisdictions

a person youngerthan 18 years of age who is free of parental care and is financially responsible for himself or herself

a person, usually younger than 18 years of age,who  possesses sufficient understanding and appreciation of the nature and consequences of treatment despite chronological age.

Cient gives permisson to allow touching,examination,or treatment by medically authorized personnel but does not understand what has been consented to.

2 types of consent

implied and expressed

• a client calls complaining of a persistent,productive cough, appt with provider, the client has implied constent for examination
• when a provider requires a blood test for diagnosis and the client comes to the laboratory and roll up his or her sleeves an implied consent is being given
• if a client can not give consent during an emergency and the provider makes one to save his or her life

expressed consent

made in writing for surgical and invasive treatments

• a client scheduled for an office surgical procedure and signs an informed consent form this action constitutes a medical contract between clirnt and provider
• a mother signs the consent form to authorize a vaccination for her son

by word          by action       informed       uniformed

oral                 nonverbal        client            client does

written           behavior          understands   not

Informed Consent & Uninformed Consent

• gives provider permission to act
• reasons for obtaining informed consent: dto ensure individuals autonomy(the right to be left alone or right to privacy)
• to encourage rational decision rational decision making
• written aids in protecting thr provider in cases of malpractice
• making sure client understands all facets of consent including risk and expected outcomes of medical treatment

Uniformed consent

• 2 way communication between client and provider
• without consent touching is considered a criminal offense

The Doctrine of informed consent

• clients right to know before agreeing
• obtained in writting because written consents implies an intentional and deliberate decision

Consent Laws

• the clients diagnosis if known
• the nature and purpose
• the risk and benefits
• alternatives
• the risks and benefits of alternative treatment
• the risk and benefits of not recieving or undergoing treatment

• written consent must reflect each element previously described and should contain client's signature, providers signature, signature of a witness 

problems in consent

• 2 types  of minors-mature and emancipated
• legal implications
• a minor has right to confidentiality
• a minor who may legally consent to treatment may not be financially responsible
• a minor's legal guardian may have to be determined

• law governs consent is not well defined for minors and may be non existent with respect to spouses
• a spouse has the legal right to consent to and recieve medical care and treatment without a spouse's approval
• problems arise in consent due to mental issues ,foster children,and influence by drugs or alcohol
• language can become a barrier to informed consent
• provider may not need to disclose risk
• provider may not be responsible for faling to disclose risk when its in the clients best interest
• provider may not need to disclose risk if client request to remain ignorant

• client has the right to refuse treatment
• office for human research protection (OHRP) branch of national institutes of health, oversees the safety of participants in federally funded research.
• major institution that conducts research must also perform its own audit of client safety

human subject laws create a problem

• serious adverse reaction to drugs are not recorded or reported to client
• clients coerced into waiving their right to sue in case of malpractice
• clients are placed in trials that are mentally inappropiate but that needed research subjects
• informed consent is rushed
• researchers are allowed to have financial interest in thr procedure or drugs that are used
• not all benefits,risk,and possible alternatives are adequately explained

implementing consent

• form must be understandable,protect the rights of the clients,protects the rights of clients, must be broad wnough to cover anything but specific enough to create a consent
• in some states 90 days is max
• allowing a waiting period between consent and administration
• ask to witness a signature in order to verify that the signature indeed of that client
• X means two witnesses
• 3 copies of signed consent one for client,one for medical records,one for hospital

Inadequacy of conventional consent forms

• preprinted consent form is often incomplete and does not contain all of topics required
• makes provider liable for litigation
• these form are missing requied signatures and are easily misplaced or lost

Improving the consent form

• with increased lawsuits providers are doing more to ensure clients have been fully informed
• using videos and diagrams to make sure client is fully informed
• using education of library,detailed information,description of procedure,care instructions
• consent form signed on ditigal pad

multiple choice

1. when a client understands all aspects of a signed consent and signs a consent form,it is considered?

2.an emancipated minor is?

3.when creating a consent form,most states require which of the folowing?

4.in an uninformed consent,the client has done the following?

5.with regard to clinical trials or human research,in which the following often occur?

1. a informed consent

2. c. someone who is younger than 18 yrs old

3. d. name of procedure possible risk and aternative procedure

4. d read the consent form gave permission signed but yet didnt undrstand

5 d. clients coerced,desperate and consent to anything,placed in inappropiate trials.

true/false

1. true a provider who does not ontain consent from a client is at risk fro battery

2.True as long as provider has the clients signature on a consent form,the client is considered to be informed

3.False doctrine of informed consent laws are the same from state to state

4.True office for human ressearch protections oversees the safety of participants in federally funded resesarch trials

5. True consent for treatment is implied consent when a client makes an appointment and comes to the clinic as scheduled.