Transcript SACH Presentation on Consent

INFORMED CONSENT
SAN ANTONIO
COMMUNITY HOSPITAL
September 28, 2006
Snyder, Walker & Mann
WHAT IS CONSENT?

Acceptance or approval of what is planned or
done by another; acquiescence.

Informed consent is a legal condition whereby
a person can be said to have given permission
to go forward with medical care or treatment
based upon an appreciation and
understanding of the facts and implications of
this care or treatment.
WHAT IS CONSENT?

Affects Various Rights:

Fundamental right over the control of one’s
body.

Personal rights.

Property rights.
WHEN IS CONSENT NECESSARY?

General Rule: No treatment without risk of
liability unless patient has consented.

Types Of Consent


Simple
Informed

Exceptions

Special Procedures
WHO MAY GIVE CONSENT?

Adults

Minors – without capacity to consent

Minors – with capacity to consent
CONSENT: ADULTS
What is an adult?
 Capacity to make decisions
 Married patients
 Power of attorney/surrogate
 Conservatorship
 None of the above

WHAT IS AN ADULT?

Reached age 18

Minor in a valid marriage

On active duty in military

Emancipated minor
CAPACITY TO CONSENT

A person’s ability to understand the
nature and consequences of a decision,
to make and communicate a decision,
and the ability to understand the
significant benefits, risks and
alternatives.
CAPACITY TO CONSENT
Respond knowingly and intelligently to
questions about the medical treatment
 Participate in the treatment decisions by
means of rational thought process
 Understand:

Nature and seriousness of illness
 Nature of recommended treatment
 Benefits, risks, consequences & alternatives

CONSENT FROM OTHERS

Married patients


Power of attorney/surrogate


Without other legal relationship, no consent
Written power of attorney/healthcare agent
Conservatorship
Letters of conservatorship
 LPS Act


None of the above
MINORS WITHOUT CAPACITY

Parents
Married
 Divorced
 Step parent
 Out of wedlock

Registered domestic partner
 Guardianship
 Third party consent

MINORS WITH CAPACITY
Emancipated
 Active duty military
 Married or previously married
 Contraceptive care
 Reportable diseases
 Victims of rape/sexual assault
 Mental health treatment
 Drug/alcohol related

HOW IS CONSENT OBTAINED?

General Considerations

Physician

Hospital

Alternate Methods
HOW IS CONSENT OBTAINED?

General Considerations

Freely Obtained

Express

Implied

In Writing
HOW IS CONSENT OBTAINED?

By The Physician

Verbally

Consent Form

Document Chart

Document Chart
HOW IS CONSENT OBTAINED?

By The Hospital
Procedure
 Practitioner
 Medical Information
 Time & Date of Signature
 Witness
 Copies for Patient & Chart
 Verify Consent Obtained By Physician

HOW IS CONSENT OBTAINED?

Alternate Methods

Telephone

E-Mail

Facsimilie
HOW IS CONSENT OBTAINED?

Communication & Cultural Barriers

Interpreter

Translated Documents
WHY IS CONSENT NECESSARY?

Battery

Professional Negligence

False Imprisonment

Invasion of Privacy & Defamation