Search results
Jan 1, 2010 · A regulated member obtaining informed consent from a patient, or the patient’s legal guardian or substitute decision maker must ensure the decision maker: is aware of his/her right to withdraw consent at any time; is free of undue influence, duress or coercion in making the consent decision;
Canadian legal judgments dealing with informed consent suggest the following interpretations about physician obligations around consent: Inform the patient of the diagnosis, when possible. If some uncertainty exists about the diagnosis, mention this uncertainty, the reason for it, and what other possibilities you are considering.
- Table of Contents
- Introduction
- Before We Begin: Two Important Issues
- Types of Consent
- Requirements For Valid Consent
- Informed Consent
- Consent Forms — Documentation of Consent
- Handouts and Materials Supplemental to Consent Explanations
- Treatment in Canada of U.S. and Other Foreign Residents
In the shorter Oxford dictionary, consent is defined as "the voluntary agreement to or acquiescence in what another person proposes or desires; agreement as to a course of action." In the medical context and as the law on consent to medical treatment has evolved, it has become a basic accepted principle that "every human being of adult years and of...
Emergency treatment
To the general rule that consent must always be obtained before any treatment is administered, there is an important exception. In cases of medical emergency when the patient (or substitute decision maker) is unable to consent, a physician has the duty to do what is immediately necessary without consent. For the physician to declare any clinical situation an emergency for which consent is not required, there must be demonstrable severe suffering or an imminent threat to the life or health of...
Assault and battery
Most legal actions against physicians concerning consent are based on negligence and raise allegations as to the adequacy of the consent discussion with the patient. A claim of assault and battery may, however, be alleged in specific circumstances. A physician may be liable in assault and battery when no consent was given at all or when the treatment went beyond or deviated significantly from that for which the consent was given. Allegations of assault and battery might also be made if consen...
Consent to treatment may be implied or it may be specifically expressed either orally or in writing. The clinical situation determines the approach required.
For consent to serve as a defence to allegations of either negligence or assault and battery, it must meet certain requirements. The consent must have been voluntary, the patient must have had the capacity to consent and the patient must have been properly informed.
Disclosure of information
For consent to treatment to be considered valid, it must be an "informed" consent. The patient must have been given an adequate explanation about the nature of the proposed investigation or treatment and its anticipated outcome as well as the significant risks involved and alternatives available. The information must be such as will allow the patient to reach an informed decision. In situations where the patient is not mentally capable, the discussion must take place with the substitute decis...
Standard of disclosure
Although obtaining a valid consent from patients has always involved explanations about the general nature of the proposed treatment and its anticipated effect, the Supreme Court of Canada, over two decades ago, imposed a more stringent standard of disclosure upon physicians. The adequacy of consent explanations is to be judged by the "reasonable patient" standard, or what a reasonable patient in the particular patient's position would have expected to hear before consenting. The Supreme Cour...
Patient comprehension
It has been suggested that not only must the physician provide the necessary details about the nature, consequences and material risks of the proposed treatment in order to obtain informed consent, but also the physician has the duty to ensure the patient has understood the information.This interpretation of the case law goes too far and would place an unfair and unreasonable burden on the physician.In rejecting this obligation, the court, in a recent Scottish case, commented that such an onu...
A consent form itself is not consent
Consideration of a consent form to be signed by the patient should not obscure the important fact that the form itself is not the "consent." The explanation given by the physician, the dialogue between physician and patient about the proposed treatment, is the all important element of the consent process. The form is simply evidentiary, written confirmation that explanations were given and the patient agreed to what was proposed. A signed consent form will be of relatively little value later...
Basic elements
On the basis of experience in advising and defending its members on matters of consent, the Canadian Medical Protective Association believes a satisfactory consent form, adaptable to most situations, should be a relatively simple document, such as the prototype suggested below.
Because the essential element of consent is the dialogue and sharing of information between physician and patient, anything which can conveniently facilitate this process is desirable. The pre-treatment consent discussions with the patient are most important and should not be replaced; however, sometimes these discussions can be more informative if...
It is not unusual that physicians practising in Canada are called upon to provide professional services to patients who are not ordinarily resident in Canada. Many such patients are visitors or tourists who become ill and require urgent or emergent care. Increasingly, however, such patients are individuals, mostly United States residents, who have ...
The HHS regulations at 45 CFR part 46 for the protection of human subjects in research require that an investigator obtain the legally effective informed consent of the subject or the subject’s legally authorized representative, unless (1) the research is exempt under 45 CFR 46.101(b); (2) the IRB finds and documents that informed consent can be waived (45 CFR 46.116(c) or (d)); or (3) the ...
Jul 9, 2020 · Informed consent is the process in which a health care professional educates a patient about the risks, benefits, and alternatives of a given procedure or intervention. The history of informed consent in medicine is rooted in a broader evolution of ethical practices and legal standards surrounding patient autonomy. In the early 20th century, medical practice was largely paternalistic, with ...
- 2023/06/05
A practicing physician may find it difficult to strike a balance between too much and too little information. This article will discuss legal standards that define what types of risk and other information a physician must disclose in facilitating informed consent, as well as disclosures that are not legally required. Informed Consent
People also ask
When is informed consent legally effective?
What is the history of informed consent in medicine?
Why is informed consent important?
What if informed consent decision is not in the best interests?
How do physicians avoid legal action based on informed consent?
What is a patient's role in providing informed consent?
Informed consent is “the process in which a competent individual authorizes a course of action based on sufficient relevant information, without coercion or undue inducement” (WHO, 2016). Thus, informed consent procedures must clearly delineate the differences between research participation and critical clinical care procedures.
