Question

Describe both the ethical and legal implications of consent.

Answer 1

informed consent is an agreement by a client to accept a course of treatment or a procedure after being provided complete information, including the benefits and risks of treatment, alternatives to the treatment, and prognosis if not treated by a health care provider.

The Legal Implications

From a legal stand point a consent is an evidence that the person is consenting to a particular procedure or treatment at a given time.

the law says that a " reasonable amount" of information requires for the client to make an informed decision is what any other reasonable physician or practitioner would disclose under similar circumstances. general guidelines include;

• The diagnosis or condition that requires treatment
• The purpose of the treatment
• Whast the client can expect to feel or experience
• the indended benefits of the treatment
• Possible risk or negative outcome of the treatment
• Advantages and disadvantages of possible alternatives to the treatment [ including no treatment]

informed consent has three major elements:

• The consent must be given voluntarily.
• The consent must be given by a client or individual with the capacity and competence to understand.
• The client or individual must be given enough information to be the ultimate decision maker.

to give informed consent voluntarily, the client must not feel coerced. sometimes fear of disapproval by a health professional can be the motivation for giving consent; such consent is not voluntarily given. coercion invalidatyes the consent. it is important, therefore, for the person obtaining the consent to invite and answer client questions.

The Ethical Implications

a patient's perception of the risks or benefits of a medical intervention is unique. cultural perspective also needs to be considered when clients are asked to make decisions about a procedure or treatment. fpr example, informed consent in the United States is based on the principle of autonomy. that is each person has the right to decide what can or cannot be done to his or her person. the comp[etent adult client is expected to have the autonomy to make his or her healthcare decisions. in contrast to this individual perspective, people from other cultures may apply a group perspective to decision making they believe that another member of their family or group or tribe should make the decision.

It is also important that the client understand the written material. tachnical words and language barriers can inhibit understanding and may encourage a signature without discussion of its actual meaning when the client has a lower literacy level. If the client does not speak the same language of the health professional who is provinding the information, an interpreter must be present. if given sufficient information, a competent adult can make decisions regarding health. a competent adult is a person over 18 years of age who is conscious and oriented.