What Are the Functions of Informed Consent?

Informed consent is designed to protect patients in either a medical or psychiatric situation. Under informed consent laws, patients must be made aware of any and all dangers they face by undergoing a procedure and must agree that they have been informed of these risks and consent to have the procedure done.

These laws and standards were enacted to provide patients with greater knowledge of their health care options and to provide medical practitioners with legal protection in the event that a procedure does not go as planned.

1. Components of Informed Consent

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In order to satisfy informed consent, four components must be met. The first is that the patient must be entirely capable of giving their consent. If someone is mentally unbalanced, it may affect their decision-making process. Someone related to the patient or who has power of attorney would then be called upon to give consent. The other three components include proper disclosure of any side effects or issues that may arise during the procedure, and the patient must be able to comprehend the disclosure. Finally, consent must be given.

2. Disclosure
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The disclosure part of informed consent is vital for health care providers. Typically, they will provide a patient with a form that completely details any complications, side effects or problems that may result during or after a procedure. These disclosure forms are often quite long and some patients may find them difficult to comprehend. The onus is then on the health care provider to provide clear and precise clarification to the patient so that they can comprehend the disclosure and give their consent. A copy of a signed and consented disclosure must be kept in the patient's records.

3. Patient Rights
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Because informed consent was designed with the patient's rights and well-being in mind, it is vital that patients understand informed consent. First and foremost, any disclosure given to a patient by their health care provider should be carefully read. If the patient has any questions or concerns, these should immediately be addressed by the health care provider before consent is given. In the event that a patient is not able to make decisions for himself and he does not fulfill the first component of informed consent, a representative for the patient must be chosen. It is vital that patients discuss their health care concerns and wishes beforehand with family members and, if necessary, grant someone the power of attorney to make health care decisions for them.

4. Refusing Treatment
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Any patient has the right to refuse treatment under the terms of informed consent. If they thoroughly read through the disclosure and refuse to give their consent, this must be recorded by the health care provider and kept in the patient's record. In addition, the health care provider must clearly explain to the patient what will happen if they do refuse treatment. After a patient has been given full opportunity to give informed consent and they refuse, that is the final answer. If then the patient dies or has continued health problems due to their refusal of treatment, the health care provider will not be held liable.

The Functions of the Informed Consent Process The informed consent process fulfills a number of important functions. Each of these functions supports quality patient care, and thus helps reduce potential professional liability risks. Functions of the Informed Consent Process It supports the patient s decision-making process. It promotes the patient s self-determination. It promotes physician-patient communication. It shares the burden of responsibility for treatment with the patient. It supports a fair and reasonable explanation of the proposed treatment. It helps to ensure that the patient has reasonable expectations regarding outcomes. It avoids allegations of battery, fraud, negligence, and duress against the physician.