Understanding Informed Consent - A Primer
When medical care or treatment is provided, medical practitioners are required in many situations to obtain a patient's "informed consent." But what does this term mean? What can happen if proper informed consent is not given?
A Definition
Although the specific definition of informed consent may vary from state to state, it basically means that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed. The concept is based on the principle that a physician has a duty to disclose information to the patient so he or she can make a reasonable decision regarding treatment.
The Role of the Physician
Physicians themselves, rather than a representative, nurse, or other related health care professional, are the best choice to speak to the patient about informed consent. In discussing the matter with the patient, the physician should cover:
The patient's diagnosis, if it is known.
The nature and purpose of the proposed treatment or procedure.
The benefits and the risks of that proposed treatment or procedure.
The alternatives to the proposed treatment or procedure.
Alternatives should be discussed regardless of their cost and regardless of whether they will likely be covered by the patient's health insurance.
The risks and benefits of an alternative treatments or procedures.
- The risks and benefits of not receiving or undergoing any treatment or procedure.
Note: A physician should also ensure that patients understand what they're hearing. In fact, some hospitals now require physicians to participate in courses on communication skills.
The patient, or the patient's legally authorized representative consenting to the treatment on the patient's behalf, must sign and date the informed consent documents.
The patient or the patient's legally authorized representative must be given a copy of the informed consent documents once they are signed and dated, and a copy should be placed in the patient's file.
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