Consent to medical treatment medical law essay

It's defined as "the voluntary agreement, by a patient, to medical care with full understanding of his or her condition, the nature of the proposed treatment, alternative treatments, risk that may be associated with treatment, and risk of no treatment at all" Diaz,p.

Consent to medical treatment medical law essay

It is about being a more efficient doctor.

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Communication is, to put it simply, the key to effectiveness for the doctor as a professional. After qualification, most doctors spend a great deal of their working time communicating with patients: It is central to most of the aspects of doctor patient interaction, but effective communication is of particular and vital importance in the field of informed consent.

Informed consent, What is it? The law has long recognised the principle that every person has the right to have his bodily integrity protected against invasion by others.

The seriousness with which the law views any invasion of physical integrity is based on the strong moral conviction that everyone has the right of self determination with regard to his body. Consent must now be based on a knowledge of the nature, consequences and alternatives associated with the proposed therapy.

These days a doctor or surgeon following the principles of good medical and surgical practice will do his or her best to inform the patient fully of the advantages and disadvantages, the risks, benefits and alternatives of any proposed course of treatment.

Informed consent is more than a form; it is a process that includes: Frank and open dialogue with patients is the most important step in the informed consent process, providing an opportunity for doctors to establish a rapport with, and engage patients in making decisions about their own care.

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These materials are usually much easier for patients to understand and are less intimidating than most consent forms. The consent form should provide written information that will help patients remember the risks, benefits, and alternatives that have been discussed.

It also serves as documentation of the discussion which may prove useful in the future. Informed consent — what is the legal requirement?

The law recognises that doctors owe a duty to disclose potential risks of complications when advising their patients in relation to medical treatment.

What is Informed Consent?

But over the last decade, the Irish courts have disagreed over the appropriate test to determine the scope of this duty. Essentially either of two approaches may be adopted; one has been followed in the UK, while the second has been the test of choice in the USA and Canada.

These approaches are as follows: The professional standard approach: This reflects the professional point of view. In this view, the health provider's responsibility is limited to the disclosures that a health professional, practicing as a specialist in the field, would make under the same or similar circumstances.

The "reasonable patient" approach:Essay Writing Guide. Learn the art of brilliant essay writing with help from our teachers. Learn more. Consent to medical treatment. Medical Law: Capacity and Consent be if he were of full age, and where a minor has, by virtue of this section, given an effective consent to any treatment it shall not be necessary to obtain any consent.

When medical care or treatment is provided, medical practitioners are required in many situations to obtain a patient's informed consent, which means they understand the treatment (its risks, benefits, etc.) and have approved its use. Capacity and Medical Consent Introduction Capacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as serious medical treatment medical or psychiatric treatment.

This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.

Consent to medical treatment medical law essay

Capacity and Medical Consent. These laws may allow an adolescent to seek treatment without parental consent for sexually transmitted diseases, pregnancy, contraception, psychiatric disorders, and drug or alcohol abuse.

Is there a resource that summarizes the various state laws regarding adolescent consent? Buy Cheap Ethical Issues of Informed Consent Essay Prior to performing any invasive tests or medical treatment, medical practitioners must obtain permission from the patient in a method that is voluntary, informed, and competent.

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