PATIENT CARE ISSUES

Impact of the Law on Patient Care Issues



Impact of the Law on Patient Care Issues: Informed Consent

What type of role should nurses have securing informed consent?

Obtaining informed consent for health-care or research participation is intended to safeguard the autonomy of the individual and to ensure that the individual understands the implications of his or her decision to participate. (Guido, 2010)

Nurses who are not independent practitioners sometimes get in the process of acquiring informed consent. A very real concern for nurses is in obtaining consent for the nursing aspects of medical procedures in which the primary procedure is performed by another practitioner. Possibly the best way to handle this dilemma is for the nurse to wait until after the patient has consented to the surgical procedure to give postoperative care information. This approach prevents interference with the physician-patient relationship and avoids potential conflicting explanations. (Homan, 2001)

Nurses also have an important role if patients subsequently wish to revoke their prior consent or if it becomes clear that a patient's already-signed informed consent form does not meet the standards of informed consent. (Pozgar, 2010)

Role Of Nurses In Assisting With Research Studies

Using vulnerable groups of people for research poses many potential problems because of the ease with which the subjects can be coerced. This is especially true of the mentally disabled, children, and prisoners. The major issue, other than coercion, seems to be that of informed consent. Whenever research is involved, be it a drug study or a new procedure, the investigator (s) must disclose the research to the subject or the subject's representative and obtain informed consent. Federal guidelines have been developed that specify the procedures used to review research and the disclosures that must be made to ensure that valid, informed consent is obtained. (Levitt, 2007)

In assisting with genetic testing?

Rapid scientific advances in the area of genetics, including scientists' ability to clone sheep and to create artificial human chromosomes, have created challenges for health care providers. Among these challenges are the questions of informed consent for genetic testing, discrimination against persons with less than perfect genes, and the confidentiality of genetic testing.

The issue of informed consent remains the same, whether the informed consent concerns a surgical procedure, an invasive piece of monitoring, or evaluation of a genetic trait. Here, a simple blood test, with minimal risks to the patient, is needed for the testing. Yet the implications of this test are immense. All future life events may be affected by this simple test, including family planning, career choices, health insurance coverage, and the psychological well-being of the person and family. (List, 2008)

Does the distinction between consent and informed consent have implications for professional health care providers?

Consent, technically, is an easy yes or no: “Yes, I will allow the surgery” or “No, I want to try medications first, then maybe I will allow the surgery.” Patients may not understand or may understand only vaguely what they are ...