Principles of Patient Consent - Essay Example

• Every individual possesses absolute right over his or her body; therefore, he or she has the right to know about his/ her medical condition, and the right to choose the appropriate medical procedure (Department of Health, 2009; Etchells, et al., 1996; Shultz, 1985).
• Any medical procedure carried out without the consent of the patient, or the guardian in case of minors can be dealt as a battery by civil or criminal code of law (Department of Health, 2009; Fletcher, 1973; Singer, 2004).
• However, there are certain situations, where the consent of the patient is not compulsory; they include treatments in the state of emergency; measures required to minimize the damage during operation; and in case of mentally ill patients, whose decisions are not regarded as valid decisions.

Ethical Principles

• There are four basic principles of medical ethics; they include autonomy, beneficence, non- maleficence, and justice (Alderson & Goodey, 1998).
• The autonomy of a patient is to be respected, which refers to the decision making power of an individual in choosing a medical procedure (Baker, et al., 2000; Eldridge, et al., 2005; Gabbard, 2000).
• Beneficence refers to promote what is best for the patient.
• Non-maleficence means to do no harm (Biegler, 2003; Council, 2005; Elwyn, 2008).
• Justice refers to equity.

Dilemma

• It has been often observed that healthcare professionals face issues in making the right decisions.
• Some would ask a question that why it is so?
• It is the duty of a healthcare professional to offer the best treatment and service to the patients.
• Minor negligence may convict them for committing a civil wrong i.e. Negligence
• On the other hand a healthcare professional can also be charged for Battery or Assault; if it is proved that the treatment was performed without the consent of the patient.
• Consider a patient who signs up for a surgical procedure, yet refuses to consent blood transfusion. The case law of St. Mary’s Hospital versus Ramsey and Erickson versus Dilgard are two such examples, where the hospitals petitioned against the patients for refusing blood transfusion during an invasive surgical procedure (Kurt & Bryan, 1999; Lee, et al., 2012; Wager, et al., 1995).
• In both cases, the court gave the decision in the favour of the patient, because it held autonomy as the superior of all the implied ethical principles.
• There are several other cases in the history of healthcare that were referred to the court for clarification and provision of justice
• For example case Re C (Adult Refusal); the patient involved in this case was 68 years old schizophrenic, he was diagnosed for gangrene on his left leg. The doctors recommended him the amputation of his lower left leg, but the patient denied, and when the case was referred to the court, it gave its verdict in the favour of the patient (Taylor, 2013).
• The competence of a patient is another issue in determining the consent. The case (Re MB (An Adult: Medical Treatment), 1997), dealt with a pregnant woman who underwent C-section. However, she did give her consent several times, but she took it back due to her needle phobia. When the case was referred to the court, it was decided that the doctors were to carry out the surgery without the patient’s consent; however, they must ensure the safety of the patient and the foetus (Taylor, 2013).
• Another interesting scenario that reflects this dilemma is that if healthcare staffs receive a needle injury while giving an injection to a patient, they cannot ask the patient for a blood sample. This creates a risk for the on-duty staff because they are not aware of what the patient’s blood may contain (Dimond, 2003).
• Thus, the debate of when to apply “treatment without the patient’s consent” is a tedious one, and it has no fixed rule or outcome; the burden of proof can shift either way.

Recommendation for nurses

• Nurses need to respect and learn medical ethics because it is their duty to ensure the safety and comfort of the patients (Hemsley, et al., 2001).
• If they come across any unusual patient, they must consult their seniors or the hospital administration, and follow the recommended policy (Waldner & Olson, 2007).
• Nurses need to avoid giving false medical information to patients.
• They must not jeopardize medic-legal code of conduct in sympathy (Hemsley, et al., 2001).