O Neil's Concept Of Informed Consent

Consent is defined by NHS Choices (2010) as: "the principle that a person must give

Every patient has a right to decide on their own course of treatment and freely consent to that treatment. In order to make an educated decision they must be provided with the proper information to make an informed choice (Opinion 8.08 - Informed Consent, 2006). It is the physician’s legal and ethical obligation to provide this information when making their recommendation on treatment. The choices given must be in accordance with good medical practice (Opinion 8.08 - Informed Consent, 2006). The informed consent is the legal policy, either written or verbal, that gives full disclosure of all the information including potential risks that is applicable to the patient’s condition and treatment being offered (Kazmier, 2008).

Obtaining an informed consent is a vital part of current health care. This document lists out several key pieces of information for both the patient, Provider, and the ancillary staff that also access the document during the procedure process. However, obtaining informed consent has not always been the practice norm and in research, informed consent carries different specifications.

In their article, “The Concept of Informed Consent,” Faden and Beauchamp give two varying definitions of informed consent, namely sense one and sense two. Sense one is defined as autonomous authorization, meaning that the patient or subject agrees and then gives authority to move forward with a proposal (Vaughn 191). The authors give four conditions that have to be met for informed consent to be recognized: the patient has to understand the information presented to her, there should be no manipulation or coercion, and she has to intentionally give her authorization (Vaughn 191). Faden and Beauchamp also note that the fourth condition, where the patient gives her authorization, is pivotal in this sense since it differentiates autonomous authorization

However, Franklins claims that consent form should be the responsibility of just the doctor is flawed. Although doctors should not “act as if informed consent is a piece of paper with somebody’s name on it” it should not be only the doctor that is trying to be informed about the process Debroah (261). Franklin does not consider that the doctors already have a great number of patients they have to see. In addition to their job of keeping you healthy they have to check to see and if their patient is a poor reader, and if they understand the text and seeing that not all adults read at the same

“Respect for human beings involves giving due scope to peoples capacity to make their own decisions. In the research context, this normally requires that participation be the result of a choice made by the participants” (NHMR, 2007, p.3).  Freegard 2012 (p.60), states that “respecting the rights of others,” includes a responsibility for Health professionals “to let others know about their rights” and that this forms the basis of an informed consent.

Katz states this about informed consent, “to suggest that informed consent with remain a fairy tale as long as the idea of joint decisionmaking, based on commitment to paint autonomy and self-determination, does not become an integral aspect of the ethos of medicine and the law of informed consent” (222).

. The most important goal of informed consent is that the patient has an opportunity to be an informed participant in her

Informed consent stands for self-determination and respect for autonomy. Autonomy is the most influential ethical principle and the main focal point in health care. It is a major concept in relation to informed consent and its simplest form can be seen as the patient’s right to determine what will or will not be done to his or her body. Expanding societal values and evolving patient centred healthcare system influences nursing practice greatly. In Canada, physicians are legally responsible for obtaining informed consent but nurses are also involved in every aspect of the informed consent process. For e.g. Nurses can perform this role when they notice that patients

An informed consent is the sovereign act by the patient or a research subject to authorize a healthcare professional to perform a medical procedure. It means that patients must be briefed on all the goals of the procedure, the methods to be used by the physician and all the risks that they might be subjected to while undergoing therapies/treatments. De Bord (2014), defines informed consent as “Informed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment” (as cited in Appelbaum, 2007). In this paper, I will argue that Jay Katz’s claim for the lack of genuine informed consent in healthcare field is firm by demonstrating and buttressing his claim. I will also pinpoint how Jay Katz’s argument is consistent with the medical professionals’ code of ethics

Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving

The Tuskegee Syphilis Study was an unethical prospective study based on the differences between white and black males that began in the 1930’s. This study involved the mistreatment of black males and their families in an experimental study of the effects of untreated syphilis. With very little knowledge of the study or the disease by participants, the Tuskegee Syphilis Study can be seen as one of the worst forms of injustices in the United States history. Even though one could argue that the study was originally intended to be for good use, the Tuskegee Syphilis Study was immoral and racist because only poor, uneducated black males were used in experiment, the participants were not properly informed of their participation in the

Yeo (2010) point out that the possibility to retain some information from patients has been ordered for long in Australian law, as in other countries for the benefit of the patient. This has now been combined with the greater autonomy acknowledged to the patient in many jurisdictions. Although a clinical approach reveals that loyalty should guide the patient-physician relationship, there are still some situations in which information consent and truth telling may be controversial: in some circumstances, the physician should or may not tell the truth. The case at hand poses a dilemma regarding the right to know (Cherry & Jacob 2008).

Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed

Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but