PHI 227 Biomedical Ethics

What is informed Consent?

Informed consent is the process by which a patient can participate in decisions regarding his health care. It can result in agreement with the physician's recommendations, the refusal of treatment, or the choice among alternative treatments.



Reasons for Informed Consent and Shared Desision-Making

1. Ethical. Respect for patient's autonomy, his right to make free decisions.
2. Practical: Enhance the patient's well-being
3. Legal. Avoid liabilities



Requirements for Informed Consent

1. Disclosure of relevant information
   1. Description of treatment or procedure
   2. The name and qualifications of the doctor who is going to perform the procedure
   3. Explanation of the possible risks and damages
   4. Consequences of not undergoing the suggested treatment
   5. Alternatives to the suggested treatment with their benefits and their risks.
   6. Patient's competence
      1. Ability to understand and appreciate the information
      2. Ability to communicate one's wishes
      3. Ability to reason
      4. Ability to deliberate
      5. The possession of a stable set of values
   7. Patient Agreement With the Treatment Plan. Agreement Should Be Voluntary. The patient should not be coerced, forced, or manipulated in order to agree with the treatment.



Objections To Informed Consent

1. Medical information is too complicated for the average patient to understand
2. Patients do not want to make decisions.
3. Patients make decisions that contradict their best interests



Legal Aspects of Informed Consent

1. Malpractice
2. Battery or negligence
3. Standards for Disclosure
   1. Reasonable doctor standard
   2. Reasonable person standard
   3. Subjective standard