Informed considering informed consent few moral and legal issues

Informed Consent is a voluntary act and an agreement which is given by a competent person or patient’s representative who makes choice and takes the final decision for the treatment given by the physician. The representative makes a consent based on the values and any other adequate knowledge which he had about that patient’s consideration and intentional choice. The concept behind informed consent further includes authorization consent which is autonomous action by the patient authorizing the treatment plan advised by the physician and informed consent as effective consent based on legal policies and conditions (Fisher, 2013).Based on Brody’s model, the ethical, moral and legal facts associated with informed consent involves a set of five criteria that ensures the authenticity of consent or refusal (Fisher, 2013). First is disclosure which provides in-depth relevant information to the patient. The second criterion is comprehension which makes sure the patient must understand the information being given to him/her. The third is voluntariness, based on which the patient must be attentive while making consent and giving refusal in absence of any compulsion. Next is competence which makes sure the patient is competent for giving consent or refusal. The last is named consent which includes the patient must give consent and refusal actively (p.25). While considering informed consent few moral and legal issues arise which intervene the medical treatment for the patient’s welfare or survival such as freedom to exercise one’s religious beliefs. Many physicians suggested that the patient’s autonomy right for taking consent or refusal should not consider religious beliefs because being a patient, that person does not know about forthcoming consequences of his health condition if he considers his right of autonomous decision-making based on religious point of view. Here come moral dilemmas which are among patient’s autonomy rights and the physician’s rights for ensuring the patient’s welfare (pp. 48-49). In my opinion, the physicians are responsible for the well-being of human life in our society and based on their profession it is their duty to handle this moral dilemma or conflict in favor of the patient’s welfare. While considering a legal perspective the physician has a legal privilege named “emergency doctrine” (p.26) which is applicable only in an emergency where the patient is unable to provide consent because of unconsciousness or illness and the physician has the right of giving right and necessary treatment to preserve the patient’s life and health (Irvine, Osborne, & Shariff, 2013). “Informed consent has a significant value as an essential prerequisite to medical treatment” (p.34) and it should not be overlooked by the physicians, nurses and other healthcare providers because they do their individual tasks in the hospital and takes it less personal. So, the patient or his family/ the representative should consider their self-determination decision-making rights as approved by the law. These days the medical services are not being directed by the health- care providers but by the patient having self- determination decision-making rights (Irvine, Osborne, & Shariff, 2013).However, there are few exceptional and difficult scenarios like “blood transfusion in an unconscious patient, where his family members do not agree to give necessary consent and indicate that the patient is opposed to blood transfusions for religious reasons” (Hartman & Liang, 1999). In such acute and emergency cases, the courts generally favor the physicians to save the life of a patient by giving needed blood transfusion even if the unconscious patient’s family is not giving their consent for the procedure (p.55).To summarize, for all healthcare providers, physicians, and registered nurses informed consent is a crucial legal doctrine to consider while providing medical services to the patients. There is a pre-existing saying that “every human-being of adult year and sound mind has a right to determine what shall be done with his own body” (p.53). Few emergency care situations are exceptional cases, which requires special concerns. Based on laws, medical assessment rules, understanding of the patient’s self-determination rules and informed consent rules for exceptional scenarios, the physicians can act in favor of the patient’s best interest and welfare without acquiring any legal liability. The exceptional cases are generally handled by statutory and judge-made laws.

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