Yes, verbal consent is generally permitted for less invasive procedures or treatments where the risks are minimal and the patient is able to provide informed consent verbally. However, for more complex procedures or treatments with higher risks, written consent may be required to ensure that the patient fully understands the risks and benefits involved.
If Dr. Bob can get informed consent without jeopardizing the life of the patient then he should do so. If stopping to get consent will risk the life of the patient then he should consider the consent implied and save the life.
This would be called implied consent. It is contrasted with the legally required informed consent.
The basic elements of informed consent typically include providing information about the treatment, risks, benefits, alternatives, and the patient's right to ask questions and make decisions voluntarily. It is important that the patient comprehends this information before providing consent. The process should also involve ensuring that the patient is competent to make decisions and that they have the opportunity to revoke consent at any time.
True, informed consent should be a process rather than a one-time event, since there are likely to be more than one aspect of a medical treatment about which a patient will need to be informed, and which will require consent.
A 19-year-old may need consent for a root canal because they are considered an adult, and legal requirements dictate that medical procedures generally require informed consent from the patient regardless of age. Additionally, obtaining consent ensures that the patient understands the nature of the procedure, potential risks, and benefits before it is performed.
Becky Cox White has written: 'Competence to consent' -- subject(s): Informed consent (Medical law), Capacity and disability, Medical ethics, Informed Consent, Patient Acceptance of Health Care, Mental Competency
Initial patient assessmentDiagnostic tools and techniques (radiographs, photographs)Treatment planning and case presentationPatient education and informed consent
the nature of the surgery; reasonable alternatives to the surgery; and the risks, benefits, and uncertainties of each option.
Expressed consent; The patient has the procedure explained to them, understands and agrees to it.Implied consent; The patient is unable to communicate their consent, but life-saving interventions are required. For instance, someone who has suffered a heart attack and is unconscious is legally offering implied consent for CPR to be performed on them.Third-party consent; The patient is mentally incapable of understanding the procedure and/or the ramifications of consent or refusal, so consent is given or withheld on their behalf by a legal designate, eg a parent or guardian in the case of children, or a power of attorney delegated by a person suffering a degenerative neural disease.
Informed consent can be either explicit or implicit; in either case, it is subject to judgement. Consider these examples: A dentist tells a patient that a tooth has to be extracted. By sitting in the chair and opening his mouth upon command, the patient, by implication, consents to the extraction. A physician tells a patient that the mole on her arm should be biopsied. By presenting her arm for the biopsy, the patient gives implied consent to the procedure. Is it necessary, in either of these cases, to obtain written consent which details all of the options, and the pros, cons, and costs of each? By obtaining written consent, are the dentist and physician absolved from liability? By being informed, can the patient be assured that all possible outcomes have been illuminated? What's the expression: "A grand jury can indict a ham sandwich." With or without informed consent, everyone is liable and no one is assured. As a rule, "routine," uncomplicated procedures are performed without first obtaining formal, written consent because, by implication, the patient consents by allowing the procedure to be performed. Usually, formal, written consent is sought in cases that involve considerable risk (death, e.g.) or unknown consequences (e.g., treatments whose outcomes are inconsistent). In the former instance, the patient's behavior is sufficient proof, formal evidence of disclosure being unnecessary; in the latter, it would, in the least, be prudent to obtain formal, written consent. Regardless of the situation, I dare say all practitioners, clinics, or hospitals appreciate the fact that proof of informed consent proves very little and is a meager barrier to litigation.
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