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Right To Informed Consent

The document discusses the right to informed consent for medical procedures. It outlines that patients have the right to be informed of the name and credentials of the provider, risks, recuperation issues, and probability of success. Written consent is required except in emergencies, public health programs, or when disclosure could harm treatment success. Informed consent includes diagnosis, discussion with the doctor, treatment explanation and risks/benefits, and alternative options. To prove failure to obtain informed consent, an injury from a undisclosed risk must be shown, along with the doctor's duty to obtain consent and failure to fully discuss risks.

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433 views2 pages

Right To Informed Consent

The document discusses the right to informed consent for medical procedures. It outlines that patients have the right to be informed of the name and credentials of the provider, risks, recuperation issues, and probability of success. Written consent is required except in emergencies, public health programs, or when disclosure could harm treatment success. Informed consent includes diagnosis, discussion with the doctor, treatment explanation and risks/benefits, and alternative options. To prove failure to obtain informed consent, an injury from a undisclosed risk must be shown, along with the doctor's duty to obtain consent and failure to fully discuss risks.

Uploaded by

Rusty Nomad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Right to Informed Consent

Right to Informed Consent. - The patient has a right to a clear, truthful and substantial explanation, in
a manner and language understandable to the patient, of all proposed procedures, whether
diagnostic, preventive, curative, rehabilitative or therapeutic, wherein the person who will perform the
said procedure shall provide his name and credentials to the patient, possibilities of any risk of
mortality or serious side effects, problems related to recuperation, and probability of success and
reasonable risks involved: Provided, That the patient will not be subjected to any procedure
without his written informed consent, except in the following cases:

a) in emergency cases, when the patient is at imminent risk of physical injury, decline Of death if
treatment is withheld or postponed. In such cases, the physician can perform any diagnostic or
treatment procedure as good practice of medicine dictates without such consent;

b) when the health of the population is dependent on the adoption of a mass health program to control
epidemic;

c) when the law makes it compulsory for everyone to submit a procedure;

d) When the patient is either a minor, or legally incompetent, in which case. a third party consent Is
required;

e) when disclosure of material information to patient will jeopardize the success of treatment, in
which case, third party disclosure and consent shall be in order;

f) When the patient waives his right in writing.

Informed consent shall be obtained from a patient concerned if he is of legal age and of sound mind. In
case the patient is incapable of giving consent and a third party consent is required. the following
persons, in the order of priority stated hereunder, may give consent:

i. spouse;

ii. son or daughter of legal age;

iii. either parent;

iv. brother or sister of legal age, or

v. guardian
If a patient is a minor, consent shall be ottained from his parents or legal guardian. If next of kin,
parents or legal guardians refuse to give consent to a medical or surgical proceoure necessary to
save the life or limb of a minor or a patient incapable of giving consent, courts, upon the petition of the
physician or any person interested in the welfare of the patient, in a summary proceeding, may issue an
order giving consent.

Informed consent includes:

 Your diagnosis
 A discussion with your doctor and not his or her representative
 An explanation of the treatment your doctor recommends and why
 The treatment’s risks and benefits
 The risks and benefits of not undergoing the recommended treatment
 Considerable alternatives and its risks and benefits

Proving Failure to Obtain Informed Consent

To prove that your health care provider did not obtain your informed consent prior to a procedure or
medical treatment, you must have suffered an injury due to the treatment or procedure. This must be
connected to a risk you were not informed of.

You must also prove the elements of medical malpractice for your case to be valid:

 Your doctor had a duty to get your informed consent before the treatment or procedure was
performed
 Your doctor failed to obtain your informed consent, which commonly occurs due to a failure
to completely discuss a treatment’s risks
 You would not have consented to the procedure or treatment if you were informed of all
associated risks
 You suffered harm caused by the treatment or procedure

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