Legal Aspects of Health Care

: Legal Aspects of Health Care

p Question : `Consent Bypass ' - Under what circumstances would you agree that informed consent requirements can be bypassed

Informed consent is a process by which the physician obtains authorization from the patient to undergo a particular medical intervention , after explaining the details , its benefits and the risks and existence of any available alternative , in a manner which the patient comprehends the best . It can be oral or written , and can be implied (situation arises in which a consent has to be given ) or expressed (consent which

is specifically mentioned . A physician has to obtain informed consent before performing any procedure . A procedure carried out without the patient 's knowledge , or any deviation in the intervention carried out , without informing the patient amounts to `battery (a tort of causing harm deliberately . However , there are certain circumstance under which informed consent need not or cannot be obtained , including public health situations , medical emergencies incompetence of the patient , therapeutic privilege or a voluntary relinquishment from the patient

In a public health emergency , consent form the individual is not mandatory as a clash between the patient 's rights and the public rights would result in the rights of the public prevailing (as more number or people would be affected . In such emergencies , it may be required to treat or quarantine people , sometimes against their will

During a medical emergency , consent is usually not required , because in such situations the patient is unable to give one . Obtaining consent may in fact take a lot of time and may delay life-saving procedures Studies have shown that consent obtained from patient 's requiring emergency care often lead to development of fear . Some people felt that in such situations they were more often left without any choice . Other studies have shown that physicians are more likely to do something beneficially for the patient , in such situations

A physician need not obtain consent from a patient , if he perceives that he /she is incompetent to make a decision about their good health Treatment provided in such situations would be deemed as `in the best interests of the patient . In some cases , the patient may have a condition that affects his /her thinking abilities . However , if the physician feels that the patient 's condition is not going affect his /her decision-making abut health then it would always be better to obtain prior consent

Therapeutic privilege is a condition in which the physician need not inform the patient about certain issues in an effort to prevent further harm to the patient . A physician need not inform the patient if he /she feels that it can cause unnecessary mental tensions . However , this benefit is often misused by physicians

Some patients may voluntarily give up their rights to give consent , and instead allow the physician to perform the necessary procedures . In such situations , informed consent is usually not necessary

Consent is usually not needed for routine or minor interventions , as the physician may feel that it is...