Table of Contents

I. Informed Consent
A. Patient
B. Healthcare Professional
C. Consent for others
D. Competencies

II. Consent Forms
A. Emergencies/Non-Emergencies
B. Authorization
C. End of Life Decisions

III. Legal
A. Processes
B. Malpractices

IV. Conclusion

V. References

The concept of the informed consent is always a subject that is uncertain. An informed consent can be presented as an understanding of the fact and implications. When giving informed consent, the person must have all the facts at the time of consent is needed.
Concepts
It is extremely important that a patient must be provided all the information needed to give consent and not encouraged or forced by any medical staff member. The patient should also be in right mind before consenting to any procedure. If the patient is under the influence of medication, the consent will have to be given to the next of kin. The physician is responsible for providing all details of the procedure and treatment that will occur to the patient. This conversation should also be noted in the patient’s medical record. The physician has the right to assign another staff member to obtain the informed consent form, but only if the physician has performed the requirements needed.
When consent is needed from other family members, the physician is required to provide the family member the details of the treatment. Also, the patient must consent to render his/her voice to this family member. If the patient is unconscious, the courts may be brought in or it is the physician’s decision to proceed if the patient’s life is in danger.
Competencies
The patient or appropriate surrogate must be competent or have decision-making capacity, that is, be capable of understanding the consequences of the consent and be free from coercion and undue influence that would substantially diminish freedom. The health care professional, within the demands of his or her particular role, must provide the necessary information and make sure that it is understood. In general, if any one of these conditions is not present, there is no patient-informed consent and so no authorization of treatment. Authorization based on informed consent is required, if not from the patient directly, then from a surrogate. If there is no authorization, this generally means that the health care professional cannot proceed. (Garrett and Baillie, p. 31)
The patient has to have to the ability to understand the consequences without someone forcing an understanding. The physician is forbidden to threaten the patients into signing the consent form. The physician is required to determine if the patient is competent or not. If not, a family member should be asked to make the decisions.
Consent Forms The standard consent form could have the following: diagnosis, nature of proposed treatment, procedural name, description, risks of treatment, alternative risks, and risk of no treatment. The patient or authorized party should verify all the information is correct before providing a signature. The informed consent forms are used for emergenices/non-emergenices and end of life decisions. Having this signed form provides the physician documentation if an error occurs.
The Federal Patient Self-Determination Act of 1991 mandates that adult patients admitted into any healthcare facility that receives funding from either Medicare or Medicaid must be asked if they have an advance directive or wish to have information about these self-determination directives. Ideally, people make decisions about advance directives before they are in a situation in which they are being admitted to a hospital or nursing home. If these documents – such as a living will, durable power of attorney for healthcare, Uniform Anatomical Gift Act, or of not resuscitate (DNR) order – have to be drawn up after a patient has entered a facility, then it should be done in a non-stressful manner (Fremaen, 2009) 313.
Advance directives are popularly known as living wills. These documents became popular about thirty years ago when medical technology made it possible for people to be kept alive in unpleasant and fragile conditions for long periods of time. Advance directives limit the type and amount of medical care and treatment that patients will receive if they should become incompetent and have a poor prognosis. It is important that directives are placed in writing; it is not sufficient for a person to just tell someone what his or her wishes for treatment are. The courts typically enforce written advance directives (Fremaen, 2009) 313.
Legal

There are some instances where the patient is unable to sign the informed consent. For example, if the patient is unconscious or a minor, the physician would request the signature from a family member. If none is available, the physician makes the decision in a life-threatening situation.
Conclusion
Informed consent is a very important process in the maintaining a patient’s medical record. This form documents the understanding of treatment provided as well as how the physician plans to proceed with the treatment. I feel the form is more for the physician and the healthcare organization to eliminate some malpractice claims. Each time I visit my physician’s office and she performs a minor procedure within her office, I am required to sign a consent form. She has also included the advance directive forms, too. I never really wanted to think about anything could happen to me, but I guess my physician has to cover herself and the hospital system.

References
Faden, Ruth R., Tom L. Beauchamp, and Nancy M.P. King. 1986. A History and Theory of Informed Consent. New York: Oxford University Press.
Fremaen, Bonnie. 2009. Medical Law and Ethics. New Jersey: Pearson Prentice Hall.
Garrett, Thomas M., Harold W. Baillie, and Rosellen M. Garrett. 2001. Health Care Ethics: Priniciples and Problems. New Jersey: Prentice Hall.
Katz, Jay. 1984. The Silent World of Doctor and Patient. New York: The Free Press.