DOS 711 - Week 3 Discussion
Initial Post: Informed Consent
Informed consent is a process by which information about the possible risks and benefits of a medical or research procedure are shared with a patient or subject (Mike Mysz, oral communication, February 18, 2015). Alternatives to the procedure and their associated risks and benefits are also discussed. This is an important process for both the patient and the provider, both from a practical and from a legal point of view. Practically speaking, it solidifies a trust relationship between parties, which eases patient anxiety about the treatment process. Patients can prepare for side effects of their treatment, and they can know what to look for and bring to medical providers' attention if they begin to experience adverse reactions. Legally speaking, documentation of the informed consent process creates a document that has protective roles for both patient and provider. A patient can be protected against malpractice if the described treatment plan is not followed, and a provider can be protected against patients who are unhappy with side effects that had been discussed as possibilities. This process also give the patient sufficient time and information to decide if they want to go ahead with the treatment or not.
Information necessary for a patient to be considered informed is laid out in the 1972 case of Canterbury vs. Spence,1 which states:
- The patient must be aware of the diagnosis
- The patient must be aware of any diagnostic procedures necessary to ascertain the diagnosis
- The surgical procedure must be described in a way that the patient understands
- The patient must be informed of any inevitable risks and collateral risks
- The patient must be informed of all alternative methods of treatment
- The expected results and their probability should be discussed in sufficient detail prior to surgery
According to Mysz, the informed consent process is lengthy, often taking an hour or more. However, because it is so critical, therapists at Loyola University Health System will not proceed with treatment unless a properly filed and signed informed consent document is part of the patient's chart.
- Canterbury v. Spence, 464 F2d 772, 775 (DC Cir 1972)