Week 4 Discussion Question 1
Explore what is meant by informed consent, from a legal perspective.
Informed consent is both an ethical directive as well as a law. According to Pozgar, (2011),
informed consent is a:
Legal concept that provides that a patient has the right to know the potential risks,
benefits, & alternatives of a proposed procedure prior to undergoing a particular
course of treatment. Informed consent implies that a patient underst&s a particular
procedure or treatment, including the risks, benefits, & alternatives; is capable of
making a decision; & gives consent voluntarily.
From a legal perspective, patients who are not provided proper information concerning
procedures, have the right to seek legal remedy. Under the law, the patient must provide consent
& must underst& what she is consenting to having performed. This should be done in writing as
well as verbally in many instances.
What are the key elements that must be covered in order to obtain legal informed consent?
There are several key elements the must be covered in order to obtain legal informed consent.
According to the American Medical Association (1998) informed consent includes making the
patient aware of:
• The diagnosis, if known
• The nature & purpose of a proposed treatment or procedure
• The risks & benefits of proposed treatment or procedures
• Alternatives (regardless of costs or extent covered by insurance)
• The risks & benefits of alternatives
• The risks & benefits of not receiving treatments or undergoing procedures
(Temple Health, 2014).
& why is this concept so important to patients, providers, & healthcare organizations?
Informed consent is important to many different stakeholders in healthcare for both ethical &
legal reasons. For patients & providers, informed consent provides a clear intention &
communication of procedures & the risks involved. Patients must be given enough information
to be fully informed before deciding to undergo a major treatment, & this informed consent must
be documented in writing. In this way, both patient & provider are clear on what needs to be
performed. Healthcare organizations are also impacted by informed consent due to the way that it
is practiced within the organizations. This is to say that organizations that have strong practices
for obtaining informed consent can reduce the risk of litigation & loss of patient (consumer)
value. HSM 542
References
Pozgar, G. (2011). Legal Aspects of Health Care Administration [VitalSouce bookshelf version].
Retrieved from http://devry.vitalsource.com/books/9781449643850/id/gloss_24
Temple Health (2014) A Practical Guide to Informed Consent Background: Requirements for
Informed Consent Retrieved from
http://www.templehealth.org/ICTOOLKIT/html/ictoolkitpage5.html
HSM 542
HSM 542
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