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Questions and Answers
According to the 1914 Schoendorff case, what fundamental right does every adult of sound mind possess?
According to the 1914 Schoendorff case, what fundamental right does every adult of sound mind possess?
- The right to receive medical treatment regardless of personal preference.
- The right to determine what shall be done with their own body. (correct)
- The right to demand specific medical procedures, even if not medically indicated.
- The right to sue for malpractice if a treatment outcome is undesirable.
Which of the following is NOT one of the 'A' elements of informed consent from the patient?
Which of the following is NOT one of the 'A' elements of informed consent from the patient?
- Age and capacity
- Acknowledgement
- Authorization (correct)
- Autonomy
Which of the following must be provided to a patient to ensure informed consent, according to the B.R.A.T.S. elements?
Which of the following must be provided to a patient to ensure informed consent, according to the B.R.A.T.S. elements?
- The contact information of previous patients who underwent the same procedure.
- Information on the expected benefits of the procedure. (correct)
- The dental professional's qualifications and experience.
- A detailed explanation of the billing process.
In the context of informed consent, what does 'reasonable foreseeable risks' primarily refer to?
In the context of informed consent, what does 'reasonable foreseeable risks' primarily refer to?
In Kentucky, at what age does a child ordinarily become automatically emancipated?
In Kentucky, at what age does a child ordinarily become automatically emancipated?
Under what circumstances can a minor in Kentucky consent to medical treatment without parental consent?
Under what circumstances can a minor in Kentucky consent to medical treatment without parental consent?
What is the primary purpose of obtaining informed consent from a patient?
What is the primary purpose of obtaining informed consent from a patient?
Which of the following is NOT a core element required for a patient to provide valid informed consent?
Which of the following is NOT a core element required for a patient to provide valid informed consent?
Which scenario exemplifies 'implied consent'?
Which scenario exemplifies 'implied consent'?
In Kentucky, besides marriage and bearing a child, what is another way a minor can become emancipated?
In Kentucky, besides marriage and bearing a child, what is another way a minor can become emancipated?
In the context of informed consent, what does 'capacity' refer to?
In the context of informed consent, what does 'capacity' refer to?
From what legal concept did the principle of Informed Consent evolve?
From what legal concept did the principle of Informed Consent evolve?
A 17-year-old seeks outpatient mental health treatment in Kentucky. According to the guidelines, what level of consent is required?
A 17-year-old seeks outpatient mental health treatment in Kentucky. According to the guidelines, what level of consent is required?
A patient refuses a life-saving blood transfusion due to religious beliefs, despite being fully informed of the risks. If the medical staff compels treatment against the patient's will, which legal principle articulated in the Schoendorff case would they be violating?
A patient refuses a life-saving blood transfusion due to religious beliefs, despite being fully informed of the risks. If the medical staff compels treatment against the patient's will, which legal principle articulated in the Schoendorff case would they be violating?
Which factor could potentially impair a patient's capacity to provide informed consent?
Which factor could potentially impair a patient's capacity to provide informed consent?
When is it ethically permissible to proceed with a medical procedure without obtaining written informed consent?
When is it ethically permissible to proceed with a medical procedure without obtaining written informed consent?
A 30-year-old patient with a history of schizophrenia is scheduled for a routine dental procedure. Although the patient seems calm and cooperative, what is the most appropriate initial step regarding informed consent?
A 30-year-old patient with a history of schizophrenia is scheduled for a routine dental procedure. Although the patient seems calm and cooperative, what is the most appropriate initial step regarding informed consent?
A physician recommends a new, experimental treatment to a patient with a terminal illness. To ensure truly informed consent, what specific information MUST be disclosed, beyond the standard risks and benefits?
A physician recommends a new, experimental treatment to a patient with a terminal illness. To ensure truly informed consent, what specific information MUST be disclosed, beyond the standard risks and benefits?
A researcher is conducting a study on a novel surgical technique. They obtain informed consent from participants but fail to mention a potentially serious, albeit rare (1 in 10,000), complication. Post-study, a participant suffers this complication. Which ethical principle has MOST likely been violated?
A researcher is conducting a study on a novel surgical technique. They obtain informed consent from participants but fail to mention a potentially serious, albeit rare (1 in 10,000), complication. Post-study, a participant suffers this complication. Which ethical principle has MOST likely been violated?
An elderly patient with moderate dementia is presented with a complex consent form for a clinical trial. She nods and signs the form after the physician briefly summarizes it. Later, she demonstrates no recall or understanding of the trial's purpose or risks. Which legal concept provides the strongest basis for challenging the validity of her consent?
An elderly patient with moderate dementia is presented with a complex consent form for a clinical trial. She nods and signs the form after the physician briefly summarizes it. Later, she demonstrates no recall or understanding of the trial's purpose or risks. Which legal concept provides the strongest basis for challenging the validity of her consent?
Flashcards
Informed Consent
Informed Consent
A communication process ensuring the patient understands the situation and authorizes a procedure.
Capacity (Informed Consent)
Capacity (Informed Consent)
Awareness and cognitive ability to make decisions.
Knowledge (Informed Consent)
Knowledge (Informed Consent)
Knowing the facts necessary to make an informed decision.
Understanding (Informed Consent)
Understanding (Informed Consent)
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Freedom (Informed Consent)
Freedom (Informed Consent)
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Authorize (Informed Consent)
Authorize (Informed Consent)
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Why Obtain Informed Consent?
Why Obtain Informed Consent?
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Patient Condition for Consent
Patient Condition for Consent
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Battery
Battery
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Voluntary Agreement
Voluntary Agreement
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A's of Informed Consent
A's of Informed Consent
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5 Elements of Informed Consent
5 Elements of Informed Consent
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Eliciting Patient Questions
Eliciting Patient Questions
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Age of Majority (KY)
Age of Majority (KY)
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Minor Consent Exceptions
Minor Consent Exceptions
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Mental Health Consent (Minors)
Mental Health Consent (Minors)
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Emancipated Minor
Emancipated Minor
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Implied Consent (Emergencies)
Implied Consent (Emergencies)
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Capacity
Capacity
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Study Notes
- Informed consent includes ethical and legal considerations
- Key objectives for understanding informed consent:
- Grasp its significance
- Know standard of care and regulations
- Identify required components
- Learn documentation in electronic health records
What is Informed Consent?
- A process of communication to inform a patient
- Usually a document
- Demonstrates patient consideration and authorizes a procedure
Patient Requirements for Informed Consent:
- Capacity: awareness and cognitive ability
- Knowledge: understanding the situation
- Understanding: of what's being asked
- Freedom: ability to decline
- Authorization: granting permission via signature
When Informed Consent is Required
- Obtain consent from every patient, especially due to today's legal environment
Why Obtain Informed Consent?
- To protect patient rights and autonomy
- To inform patients, thus preventing bad outcomes
Patient Elements of Informed Consent
- Patient must have the capacity or ability and autonomy to make the decision
- Patient must be competent, awake, alert, and aware of what they are doing
- Patients should not be under the influence of alcohol, illicit drugs, or prescribed medications impacting understanding or judgment
- Patient must voluntarily agree to care
Patient Permission
- Informed consent evolved from the concept of battery, which is unauthorized touching
- A 1914 New York case established that every adult of sound mind can decide what is done with their body
- Surgeons performing operations without consent are liable for assault and damages
- The court case was Schoendorff vs. Society of NY Hospital
Elements for Informed Consent
| Element | Consideration |
|---|---|
| Autonomy | Age and Capacity - (cognitive) |
| Awake, alert, aware | Capable of Understanding |
| Acknowledge | Knowledge of the facts of the situation |
| Agreed to | Freedom to say no |
| Authorization | Documents in writing in the EHR |
Elements of Informed Consent to Provide (B.R.A.T.S.)
- B.R.A.T.S. is an acronym
- Information on treatment, test, or procedure
- Expected benefits
- Expected reasonable foreseeable risks, and the likelihood of the benefits and risks
- Alternative procedures, and what happens without procedure
- Signature of patient and provider
- Dental Professionals should allow for patient questions, like "What more would you like to know?", or "What are your concerns?"
Elements of the Informed Decision-Making (IDM) Model
| Element | Agreement on Double-Coded Audiotapes |
|---|---|
| Discussion of patients role | 100 |
| Discussion of patient's role in decision making | 100 |
| Discussion of the nature of the decision to be made | 90 |
| Discussion of alternatives | 93 |
| Discussion of pros and cons if the alternatives | 97 |
| Discussion of uncertainties with the decision | 100 |
| Assessment of patient's understanding | 97 |
| Assessment of patient's desire for input | 100 |
| Asking for patient preference | 97 |
Minors and Consent
- Kentucky's "age of majority" is 18 years
- At 18, a child becomes emancipated
- Minors of any age can consent to emergency care or treatment for pregnancy, drug/alcohol abuse, or sexually transmitted infections
- Minors 16+ can consent to outpatient mental health treatment
- Emancipated minors can consent to any treatment since they are treated as adults
Emancipated Minors
- There's no specific law on Kentucky emancipation
- It is possible to become emancipated before 18 through:
- Marriage or having a child
- Parental consent
- Court order
Emergencies
- Implied consent applies during emergencies
- Healthcare providers can provide services without consent
- Courts classify an emergency if care is needed to protect patient life or health
- Consent is implied by law
Limitations
- A properly executed informed consent does not protect against claims of malpractice
Where to Find Consent Forms - Electronic Health Records
- In EPIC select the following:
- Chart Review
- Rooming
- Best Practice
- Consents
- Sign New Dental Procedure Consent
Special Consent Situations
- Extraction/Oral Surgery Consent:
- Review common risks like bleeding, swelling, discomfort, infection, reaction to anesthetic, stiff or sore jaw joint, dry socket, damage to adjacent teeth, sinus opening, bone fracture, tooth fragments, changes to nerve sensation
Limitations of Consent
- A consent form does not prevent a lawsuit
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Description
Explore the key components of informed consent, including patient requirements such as capacity, knowledge, and freedom. Understand when informed consent is necessary and why it's crucial for protecting patient rights and autonomy. Learn about documenting informed consent in electronic health records.
