importance of informed consent in nursing
We can help you learn more about medical malpractice insurance, and our team of professionals can review your needs, so we can bring you multiple policy options. The Society of the New York Hospital case. 4. The NMC Code: key legal principles. There is a legal principle that ignorance is not a defence: if a law is not known or not understood, this does not remove any liability that comes with it. Influence of consent to the nursing The NMC Code Conduct states nurses must advocate people's rights to be fully involved in decisions about their care. This is one of the main reasons why patient consent, also known as informed consent, is so important. Although the term may be used interchangeably with ‘patient-centred care’ (Perez-Merino, 2014; McCrae, 2013), there is some variance in how it is defined in the literature. The captcha value you provided is incorrect. No one can guarantee positive outcomes in healthcare settings, but informed consent at least ensures patients understand the risks they undertake with treatment. The courts considered that patients needed to be protected from making irrational decisions so the House of Lords extended the Bolam test – used to assess negligence – to the information doctors were required to give or disclose to patients. The second article in this series will consider what makes consent valid and explains that this may depend on the circumstances in which care is planned. 5+5 = The captcha value you provided is incorrect. In situations where the issue of consent has been questioned, a successful legal action requires proof that consent was not given. Research professionals, including research nurses, who seek informed consent are expected to convey information in a clear and unambiguous way, adapting “the presentation of the information to the subject’s capacities” (National Commission, 1979, Part C, para. 5. Consent may be given orally, or it may be implied - as when a patient rolls up their sleeve and offers their arm so you can take their blood pressure.For more complicated procedures, you must obtain the patient's express consent, and this will usually be in writing, by signing a consent form. Health professionals need to give patients sufficient information to make an informed decision, but what does this mean in practice? When this case was first heard, the Scottish Court of Session followed the approach taken in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital  AC 871 and concluded there was insufficient risk of significant harm to Mrs Montgomery to warrant a warning. The study on knowledge of informed consent and importance to nursing practice is limited to nursing students. Individuals are supported, facilitated and enabled to contribute to their care through shared decision making, equality of communication and mutual respect” (Mitchell and Agnelli, 2015). The test to be applied is “whether, in the circumstances of the particular case, a reasonable person in the patient’s position would be likely to attach significance to the risk, or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it” (Montgomery ). Other than in exceptional circumstances, nurses have both a legal and a professional obligation to ensure: Consent will only be valid if that information has been given. Nursing professionals in a variety of practice settings routinely use implied consent. It is useful to start by considering consent from an ethical perspective and how it relates to the principle of autonomy. They are also widely treated as consumers exercising choices: a viewpoint which has underpinned some of the developments in the provision of healthcare services” (Montgomery ). Author: Helen Taylor is visiting lecturer at the University of Birmingham and freelance writer on health law. Practitioners will be deemed negligent if they fail to give patients the information they need to decide whether they want to accept the risks that a particular treatment may present (Montgomery ). The health professional would be found negligent if they have not given the patient enough information to make an informed decision. The Nursing and Midwifery Council’s Code says that nurses must not only “act in the best interests of people at all times”, but also balance this with “the requirement to respect a person’s right to accept or refuse treatment”. Gallagher Healthcare is a specialty niche of Arthur J. Gallagher & Co., one of the largest insurance brokerages in the world. It is the process of participants learning the facts about a clinical trial before deciding whether to take part. When people are invited to take part, they should be given a verbal explanation of the study, including details such as its The following post is on the importance of informed consent and medical ethics using examples from the history of gynecology and a more recent example: Gardasil Today, we all are aware of Margaret Atwood’s ‘The Handmaid’s Tale’. Abstract. As such, although patients had the right to access the information they needed to make a balanced decision (including any “general dangers and […] any special dangers […] without exaggeration or concealment”), doctors had the right to “decide what information should be given to the patient” and how that information should be presented (Sidaway ). Doctors need to reach a diagnosis, then decide which treatment makes the most sense based on a patient’s needs. It appears we are still not doing it properly. – That it is a central feature of the covenant relationship between professional and patient, expressing the professional virtue of fidelity. First, identify the elements of the legal citation- plaintiff, defendant, court, location of case etc. Consent to treatment means a person must give permission before they receive any type of medical treatment, test or examination. Informed consent is a process in which a patient gives consent to treatment after a healthcare provider discusses information related to the procedure so that the patient can make an educated decision whether to refuse or accept treatment (Hall, Prochazka, & Fink, 2012). The Montgomery case: implications for practice. The patient’s decision must be respected even if it is considered foolish, unfounded or irrational (Re T (Adult: Refusal of Medical Treatment)  4 All ER 649). It will also discuss situations in which treatments and interventions may be given lawfully in the absence of consent. Why is it important? Consent from a patient is needed regardless of the procedure, whether it's a physical examination, organ donation or something else. The Importance of Patient Informed Consent, learn more about medical malpractice insurance, The Importance of Patient Satisfaction in Healthcare, Importance of Doctor-Patient Communication. Nurses have a legal duty to ensure they obtain informed consent from their patients before carrying out any intervention or treatment. Nurses make many clinical judgements and decisions throughout the course of their working day. What does it mean for practice? Protecting patient autonomy is a key nursing role. Nurses and midwives will all be aware of that requirement but they also need to understand exactly what informed consent is, how it is underpinned by law, and what it means for practice. Our expert agents negotiate pricing and compare medical malpractice insurance solutions with all major A-rated carriers and alternative markets on your behalf, providing you with the best possible option available in the insurance marketplace. Mrs Montgomery went into labour. Practitioners are not required to share information if the patient, after having been given the opportunity to receive it, makes clear their wish to remain uninformed. Apex court of India in the case of Ms. Samira Kohli V/s Prabha Manchanda (2008) 2 SCC 1. "Informed Consent" in Medical Treatment is of Utmost Importance, !!!! During the later stages of her pregnancy, she told her obstetrician about her concerns that the baby’s size would make delivery difficult. Informed Consent is still an issue on the healthcare agenda. This material should be presented in a way that is easy for them to understand. It follows, therefore, that the quality of the outcomes will depend on the quality of the information upon which decisions were based. If they are uncertain about any of this, they should seek advice. To explore this concept, consider the following informed consent definition. All registered nurses, registered midwives, student nurses and student midwifes are accountable for their practice and must comply with the Code to ensure their practice meets the standards required not only by the NMC, but also by patients and the general public. The physician, or other licensed independent provider, the nurse and the client have roles and responsibilities in terms of informed consent.The nurse is responsible and accountable for the verification of and witnessing that the patient or the legal representative has signed the consent document in their presence and that the patient, or the legal representative, is of legal age and competent to provide consent. It is the ethical principle known as respect for persons. Generally, patients are no longer passive recipients but, rather, active partners in their care. This article, the first of two on informed consent, explains how the law has evolved and how it applies to nursing practice. Informed consent in healthcare is the law, codified by the 1914 Schloendorff vs. Some of the key legal principles of the NMC Code are highlighted in Box 1. Nurses will be acting unlawfully, and contrary to the principles of person-centred care if they administer care without a patient’s consent. Nurses know they must have their patients’ informed consent before giving any form of care or treatment but they may not be fully aware of the legal basis behind this and the implications of not doing so. Source: Nursing and Midwifery Council (2015). Nurses can offer what we do best—patient … The NMC Code expands on this by stating that nurses must ensure that they “get properly informed consent and document it before carrying out any action” (NMC, 2015). To work effectively, informed consent must allow patients to make the decisions right for them. This remained the law until 2015, when a landmark judgement was made by the Supreme Court in the Montgomery  case, which is described in Box 2. This article explores the importance of communication in clinical research, and how more effective communication with patients during the informed consent process can ensure they are fully informed. Informed consent does not mean simply completing and signing a consent form. Informed consent is when a healthcare provider — like a doctor, nurse, or other healthcare professional — explains a medical treatment to a patient before the patient agrees to it. Generally speaking, obtaining informed consent means that a patient who agrees to undergo a treatment or procedure does so only after being made aware of the associated benefits, risks, and alternative treatments. 3. It is important to give adequate information to enable them to accept or refuse their treatment. Patient-informed consent means patients understand the risks, alternatives and possible benefits of any treatment they receive. Nevertheless, compliance with legal and regula- tory requirements as well as ethical and patient family concerns can make the concept of informed consent baf- fling and challenging. Sometimes person-centred care is not defined but, instead, is simply described in terms of patient autonomy, holistic care and primacy of patient need (Hayes, 2014). Gallagher Healthcare is one of the largest advisors to physicians and surgeons when it comes to medical malpractice coverage. Regardless of the process used, the consensus is that decisions will be based on information of one kind or another, and will influence the outcomes for patients (Taylor, 2005). What is informed consent? Request a quote today to see how Gallagher Healthcare can work to bring you affordable coverage. It is important that nurses understand the legal and ethical rationale behind the principles of informed consent so that the principles are applied appropriately to the particular context of nursing care. The requirement for nurses to obtain consent prior to nursing care procedures is addressed in various nursing policy documents. Is used in place of or in conjunction with informed consent in healthcare is a of! Informed decision and permanent disability for Mrs Montgomery ’ s son and professional issues Newly qualified nurses: legal ethical! Health condition and what would happen if they have not given the patient sign form... 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