The Importance Of Consent In Health Care

878 Words2 Pages
bulb-icon

Recommended: Essays legal principles of consent in phsychatric nursing

The purpose of this essay is to introduce the concept of consent, briefly identify its types and legal fundaments, examine significance of consent in a healthcare provision and illustrate the main issues involved with patients’ consent with midwifery practice as the focal point of interest. According to Medical Dictionary (2003) ‘consent’ is an ‘act of reason’, voluntary agreement to proposed treatment made by a mentally capable person upon receiving relevant information. Patients’ consent is closely associated with individuals’ liberty, person’s autonomy and the right to decide about themselves and their body with assumption of taking full responsibility for decision and its consequences (Frith and Draper, 2004).

Department of Health …show more content…

Professional standards of practice and behaviour for nurses and midwives’ (2015) which states that obtaining patient’s informed consent is an act in their best interest and that nurses and midwives are required to respect individual’s right to accept or refuse treatment, moreover, support and document their decision, give evidence-based information, use clear language, cooperate with patients to help them with making the decision and be aware of the current legislations. This includes ‘Mental Capacity Act 2005’, ‘Mental Health Act 1983‘and ‘Human Rights Act 1998’. From a healthcare perspective vital articles are those which set out the rules for accessing patient’s capacity to make a decision, clarify who makes decisions for those who lack capacity and how this should be done, likewise those that regulate how to treat and protect patients without their consent but also those that specify basic human rights: to life, privacy, receiving information and other such as right to be free from discrimination or inhuman, degrading treatment. Other regulations to consider are ‘Human Tissue Act 2004’, ‘Human Fertilisation and Embryology Act 1990’ (GMC, 2015). Professionals should also consider common criminal …show more content…

Breaching the law may have serious consequences as in some cases it may be treated as a criminal offence; moreover, patients have legal instruments to seek retribution for acting against their wishes. Consent then should be recognized not only as a principle and moral obligation but also as a powerful tool to protect both patients and professionals from negligence and misconduct allegations. In the aspect of midwifery practice is vital to seek consent prior any examination, care or treatment and some aspects of practice such as free birthing or refusal of caesarean section require more consideration. Likewise, women’s voluntary agreement is clinically significant as it has been identified that cooperation of an individual is vital for a successful treatment (Griffith, Tengnah and Patel,

Show More
Related

  • The Pros And Cons Of Medical Consent

    975 Words  | 2 Pages

    In America, the legal age to sign off on any medical consent is 18 years of age. Seventeen year olds should be able to compose their own medical decisions, and sign off on their own medical consents. Power should land in their hands, accompanied by the professional advice of a doctor. It is your body, be compelled to fabricate a decision without having to have your parent’s signature.

    Read More

  • The Ethical Roles of the Government in Medical Practice

    1564 Words  | 4 Pages

    In conclusion, every patient is worried about their rights to care but not so much are focused on the rights of the physicians providing the care. It is hard to establish a respectable practice if you are required to perform care for instances in which you object or do not want to be a part of. This detracts from the ethical background of practice and procedure every physician should hold to the highest standard.

    Read More

  • British Approach to the Regulation of Abortion

    2090 Words  | 5 Pages

    Abortion is a procedure carried out to terminate a pregnancy. In 1967, liberal Member of Parliament David Steel introduced the Abortion Act. This legally permitted abortion to be carried out by a medical practitioner in England, Scotland and Wales (Glennerster 2000). Since the implementation of this policy, numbers of abortion have gradually increased. In 2010 almost two hundred thousand procedures were carried out in England and Wales, ninety-six per cent of which were funded by the National Health Service (Department of Health 2011). To access the strengths and weaknesses of abortion regulation a number of areas must be considered. Following a brief section about the background and development of abortion policy, the legal requirement of two doctor consent will be discussed. Repercussions of this legality will be used to justify why the requirement is considered an outdated obligation that weakens abortion regulation. The extent of abortion provision will then be argued as a weakness by sending a troubling message to society. This will interconnect with the need for restrictions in abortion provision, a concept supported by the further discussion of related health risks. Counterarguments will then consider the procedure step by step and suggest that regulations enable a process efficient and suitable for both the hospital and patient. Finally, medicalisation will be discussed as the most prominent strength of the British approach to abortion in regards to safety.

    Read More

  • Informed Consent

    1909 Words  | 4 Pages

    Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...

    Read More

  • Concept of Consent

    709 Words  | 2 Pages

    Consent is an issue of concern for all healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient, and allows any examination or treatment to be administered. Nevertheless, consent must be obtained in every occurrence of care as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtain consent to perform a procedure on a patient right ear. The surgeon found defect in the left ear of the patient and repaired it assuming he had obtained consent for both ear. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement that states how consent should be given, however, there are various ways a person in care of a nurse may give consent. This could be formal (written) form of consent or implied (oral or gesture) consent. An implied consent may be sufficient for taking observation or examination of patient, while written is more suitable for invasive procedure such as surgical operation (Dimond, 2011).

    Read More

  • Nursing Ethics Case Study

    1211 Words  | 3 Pages

    An ethical dilemma is defined as a mental state when the nurse has to make a choice between the options and choices that he or she has at her disposal. The choice is a crucial task as the opting of the step will subsequently determine the health status of the concerned patient, hence it requires a great deal of wisdom along with proper medical and health training before any such step is opted as it is a matter of life and death. Strong emphasis should therefore be on the acquisition of proper knowledge and skills so that nurses do posses the autonomy to interact with patients regarding ethical issues involved in health care affairs and address them efficiently. It is normally argued that nurses are not provided sufficient authority to consult and address their patients on a more communicative or interactive level as a result of which they are often trapped in predicaments where their treatments of action and their personal beliefs create a conflict with the health interests of the patient. (Timby, 2008)

    Read More

  • Nmc Code Of Practice Essay

    966 Words  | 2 Pages

    1. Legal, ethical and professional principle frameworks underpin all fields of nursing, and it is a requirement for all Registered Nurses to be competent and knowledgeable, act with integrity and maintain professional standards set out by Nursing and Midwifery Council (NMC, 2015). Working with multidisciplinary teams within our profession, it is important to acknowledge and recognise the way in which all the professionals are guided by law and their independent regulatory bodies. The needs of the individual patient is to be considered by doctors and nurses alike, who share professional values and are set out in the respective codes of practice, The Code (NMC, 2015) and GMC (2013).

    Read More

  • Gaining Consent In Nursing

    820 Words  | 2 Pages

    By gaining consent Jean's autonomy will be respected and maintained. It is important that all nurses and other health care professions uphold the professional standard when providing direct care to individual, community and groups. Gallagher and Hodge (2012) states reinforce a person's right to exercise choice in relation to personal and bodily integrity and to have that choice respected. Before administrating the medication to Jean the nurse and student nurse made sure that she was given a choice by obtaining consent from Jean first. According to the NMC Code (2015) make sure that you get properly informed consent and document it before carrying out any action.

    Read More

  • Informed Consent

    1879 Words  | 4 Pages

    To begin, to those who may wonder what informed consent is, it is a legal and ethical prerequisite for clinical research on humans (Bristol, par 2). The purpose of informed consent is to ensure that patient autonomy is respected in decisions about their healthcare (Susilo, 1). Many people say that the term was first used in 1957. There was a malpractice case with Salgo v Leland Stanford Jr. The California Supreme court stated that no patient can submit to a medical intervention without having given “informed consent”. Even though the courts had said this, inf...

    Read More

  • Paramedic Consent Case Study

    1406 Words  | 3 Pages

    Modern society has developed an understanding and recognised the morals regarding consent as individuals have a right and interest over their body (5). Consent enables protection against unauthorised invasion of an individual’s body and can be applied to numerous scenarios, including medical care (5). A paramedic must obtain consent before treating a patient, as consent has legal and ethical aspects that must be regarded (2). It is imperative for a paramedic to maintain ethical and legal competency to assess whether a patient is competent to deny or consent to treatment as presented in the case study (3). Paramedics attended Betty, a 78-year-old female, after her son called the ambulance service. Betty is provided

    Read More

  • Informed Consent Essay

    1386 Words  | 3 Pages

    In conclusion, obtaining informed consent is a vital part of respect for the patient and safeguarding of self-determination. The consent to participate in research or treatment should be informed, comprehensible, and free of coercion. There is not a clear black and white answer because no matter what is done to assure informed consent there is always a moment of doubt on the end of the patient as to whether what is going to take place is fully understood and their true wishes honored.

    Read More

  • The Pros And Cons Of Neonatal Intensive Resuscitation

    1156 Words  | 3 Pages

    Neonatal resuscitation is intervention after a baby is born to strengthen it’s breathe or to boost its heartbeat. Approximately 10% of neonates require some assistance to begin breathing at birth, but only 1% require serious resuscitative measures. Informed consent regarding neonatal resuscitation is a constant ethical debate. This discourse ordinarily occurs between doctors and parents; parents often feel that the decision has been made for them, believing that they were not fully informed of any consequences that may occur before making their final action plan, or thinking that their opinion was not taken seriously; however, doctors see the procedure in a different light, that the parents can’t choose the best option for the child regardless of counseling, or performing as the parents wished but believing that the result could have differed if the parents had known all the effects that it will have further down the line, or convinced that they would have made a better

    Read More

  • Essay On Patient Confidentiality

    566 Words  | 2 Pages

    Patient confidentiality is one of the foundations to the medical practice. Patients arrive at hospitals seeking treatment believing that all personal information will remain between themselves and the medical staff. In order to assure patients privacy, confidentiality policies were established. However, a confidentiality policy may be broken only in the case the medical staff believes that the patient is a danger to themselves or to others in society. Thesis Statement: The ethics underlying patient confidentiality is periodically questioned in our society due to circumstances that abruptly occur leaving health professionals to decide between right and wrong.

    Read More

  • Ethical Dilemmas With Abortion

    929 Words  | 2 Pages

    Within modern health care settings, nurses are challenged with facing both ethical and moral dilemmas quite frequently. In the last few decades, the topic of abortion has become an example of a complex contemporary issue where the wellbeing of both the mother and the unborn has prompted considerable international debate (Smyth, D., & Lane, P., 2016). The abortion debate is not a simple one side vs. the other kind of ethical dilemma. It is however, a very sensitive topic that deeply affects all who are involved, including health care providers. Nurses have been instrumental throughout history in advocating for women’s health and autonomy, thus playing a key role in the history of abortions

    Read More

  • Essay On Ethical And Ethical Issues In Nursing

    733 Words  | 2 Pages

    In conclusion, there are numerous legal and ethical issues apparent in the nursing practice. Nurses should study and be as informed as they can with ethics and legality within their field in order to ensure no mistakes occur. Ethical issues vary based on patient’s views, religion, and environment. Nurses are influenced by these same views, but most of the time they are not the same as the patients. As a nurse we must learn to put the care of our patients and their beliefs, rights, and wishes before our own personal

    Read More

More about The Importance Of Consent In Health Care

Open Document