Choosing 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).

When Henrietta was at John Hopkins receiving her cancer treatment a doctor by the name of TeLinde took a sample of Henrietta’s cervix without her knowledge or consent. “But first-though no one had told Henrietta that Telinde was collecting sample or asked she wanted to be a donor-Wharton picked up a sharp knife and shaved two dime-sized pieces of tissue from Henritta’s cervix: one from her tumor, and one from the healthy cervical tissue nearby. Then he placed the sample in a glass dish” (Skloot, 2010, 33). At the time of the treatment Henrietta was unconscious and completely unable to accept or reject the biopsy (Skloot, 2010, 33). Acquiring proper consent from an individual is an ongoing process and needs to be asked for at every stage of a study with human subjects. The basic

The process of consent should apply not only to surgical procedures but all clinical procedures and examinations which involve any form of touching. This must not mean more forms: it means more communication. As part of the process of obtaining consent, except when they have indicated otherwise, patients should be given sufficient information about what is to take place, the risks, uncertainties, and possible negative consequences of the proposed treatment, about any alternatives and about the likely outcome, to enable them to make a choice about how to proceed.”5

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

Prior to Henrietta’s operation, written permission was attained. However, it simply described that the medical staff could provide local or general anesthetic to perform surgery. It does not address the ethical issue of obtaining consent for the medical staff to acquire tissue samples for research. Dr. Lawerence Wharton, Jr. performed the procedure to treat Henrietta’s cancer as well as gain samples of Ms. Lacks’ tissues from her tumor and another sample from her healthy cervical tissue while lacking consent for the procedures and disclosures, explanation of the procedures and her rights, plus the use of the tissue samples in research (BACB, 2014, 2.05 rights and prerogatives of clients, 2.06 maintaining confidentiality, 2.08

De Bord, J. (2014). ETHICS IN MEDICINE University of Washington School of Medicine. Retrieved from https://depts.washington.edu/bioethx/topics/consent.html

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 Human Rights Act 1998 upholds the person/patient rights to make decisions on whether to accept or decline treatment ("UKCEN: Ethical Issues - Consent", 2016).

Informed consent is defined as “permission granted in the knowledge of the possible consequences” and is the backbone to honorable physician patient interactions. Unfortunately, throughout history there have been many cases where physicians have used a patient’s lower socioeconomic status to manipulate the obtaining of informed consent. The AMA Code of Medical Ethics predates back to 1847, yet cases continue to arise directly breaking their key principles. These principles include autonomy, justice, beneficence, non-maleficence; and if followed ensure patients receive a high quality of care. Informed consent prior to any participation in experiments or procedures is essential for physicians to act within these guidelines. Autonomy allows patients to have free will and make decisions without coercion. Justice keeps all individuals in mind so resources are distributed fairly and all individuals are treated the same. Beneficence and Non-maleficence focus on the intent of the procedure to do only good and no harm. Even with these principles established there are discrepancies in on how they unfold in a clinical setting. The American Medical Association states physicians should assess their patient’s understanding of their medical condition, the recommended treatments, and document the physician-patient interaction. The Tuskegee, Abdullah vs Pfizer, and The Skid Row Cancer Studies are a few cases where these principles were ignored so physician and big pharmaceutical

"Apprised consent is required for every invasive medical procedure, from getting your auditory perceivers perforated to having an abortion."(Bob McDonnell). Apprised consent customarily is provided by the patient in a formal, indicted consent form. Apprised consent is a person 's accedence to sanction something to transpire, such as surgery or other invasive procedure, predicated on a full disclosure of jeopardies, benefits, alternatives, and consequences of refusal. If congruous apprised consent is not obtained, the patient may recuperate damages in an action against the medico under different theories of instauration. Every human being of adult years and sound mind has a right to determine what will be done with his own body; and a surgeon who performs an operation without his patient 's consent commits an assault, for which he is liable in damages. This is true, except in cases of emergency where the patient is insensate, and where it is obligatory to operate afore consent can be obtained, more recently, many states have enacted patient bill of rights statutes. These laws proscribe treating a patient without first providing compulsory information to obtain apprised consent. They withal are predicated on mundane law principles and the premise that patients have the right to make decisions about their own medical care and treatment (Backlund v. University of Washington, 1999). the doctrine of apprised consent requires the medico to explicate the nature and probable

The medical definition of informed consent is “The process by which a patient learns about and understands the purpose, benefits, and potential risks of a medical or surgical intervention, including clinical trials, and agrees to receive the treatment or participate in the trial.  Informed consent generally requires the patient or responsible party to sign a statement confirming that they understand the risks and benefits of the procedure or treatment” (Medical Definition of Informed consent).  The definition goes over medical and surgical procedures when the tissue is still part of the patient; however, tissue removed from the patient during an operation, is not mentioned.  Consequently, a gray area emerges and scientists scramble to decipher between what is ethical and what is practical.  The ethical side corresponds to the patient's right to their body, including his or her tissue.  Although, again, there are not any laws protecting a human’s right to their tissues removed from the body.  The practical side relates to the cost of future research and patient confidentially in terms of linking unidentified tissue samples to the original patient.  The practicality of voiding using consent forms, in terms of tissue, eliminates the confusion within the scientific community, reduces additional cost burdens and decreases potential privacy breaches to the original patient.

Informed consent is a central legal figure in health law as it legally authorises a third person, in this case a health care worker, to perform a procedure in the body of another individual. This concept revolves around the recognition that every individual with mental capacity is entitled to make his or her own medical decisions and therefore be free from unwanted bodily interference. Without legal figure of medical consent, there would be great uncertainty as to the extent of lawful provision of healthcare treatment, placing patients at high risk of abuse and unnecessary treatments.

Placing nurses in the difficult situation of obtaining informed consent has also been identified as a problematic area in my place of work. As stated by Westrick (2014), the delegation of obtaining an informed consent should never by the responsibility of the nurse. The physician who is performing the procedure is responsible for obtaining the informed consent (Westrick, 2014). It is merely the nurse’s duty to witness the informed consent (Westrick, 2014). The informed consent allows for the physician to give the patient the information needed to make an informed decision thus leading to the title of informed consent (Thomson Reuters, 2016).

Whyte’s behavior was seen as careless as he would tell clients that results could be found on the internet instead of providing them with a copy (Kennedy, 2012). Mr. Whyte also waited for an “appropriate time” to tell his clients their results rather than informing them immediately, the Tribunal ruled that Whyte’s practice was inconsistent with the requirement to obtain informed consent (Kennedy, 2012). It is a crucial part of practice that before any procedure or treatment is performed, a medical professional is required to inform their patient of the exact method for the procedure in order for them to fully understand and be able to give consent. Patient consent may be implied or conversed for a minor treatment and a signature may be required for the larger operations to ensure the patient has full understanding of the procedure about to commence (Dobb,

“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.