STUDY UNIT 3

Question 1

WHAT IS INFORMED CONSENT?

Answer 1

Informed consent is defined as an action where a healthcare professional, like a nurse or a doctor, gives an explanation of a particular medical treatment to a patient, seeing to it that the patient fully understands all the relevant risks, facts and all available alternatives prior to giving consent to the treatment.

Question 2

Informed consent is:

Answer 2

informed consent is a legal and ethical requirement that safeguards a patient’s rights and autonomy.

Question 3

Section 7(1) of the National Health Act:

Answer 3

provides that medical treatment may not be administered to a patient without his or her informed consent.

Question 4

In the healthcare environment, informed consent comprises of:

Answer 4

1. Giving an explanation of the information needed to take the decision
2. one’s understanding of the information
3. the capacity to decide
4. voluntary decision to get treatment.

Question 5

Section 7(2) of the National Health Act:

Answer 5

provides that a healthcare professional is obliged to put into effect all reasonable steps in order to get the patient’s informed consent.

Question 6

EXCEPTIONS WHERE INFROMED CONSENT MAY BE OBATAINED FROM ANOTHER PERSON ON BEHALF OF THE PATIENT:

Answer 6

1. if someone is authorised or mandated by the patient in writing or by a court to give consent on behalf of the patient.
2. by the person’s spouse, partner, family member or relative, where there is no person mandated to do so
3. where this act is authorised by a court order or in terms of the law
4. where failing to treat the patient will cause serious risk to the public health
5. where if there is a delay in health care services being administered to the patient might result to an irreversible damage or to his death.

Question 7

TYPES OF INFORMED CONSENT:

Answer 7

Booklet 4 of the HPCSA provides for two forms of informed consents, that it:
1. Express Consent
2. Implied Consent

Question 8

1. EXPRESS CONSENT:

Answer 8

-patients may give their consent in writing or in record.

Question 9

A written record of a patient’s consent may be obtained when:

Answer 9

1. the procedure or treatment involves serious risk or is complicated.
2. there may be consequential consequences to the patient’s life or occupation
3. the treatment is inclusive of a research programme

Question 10

2. IMPLIED CONSENT:

Answer 10

consent in health care treatments is not implied.
-this is because a patient’s submission of consent may not always indicate consent.

Question 11

LIMITATIONS ON A PATIENT’S AUTONOMY:

Answer 11

1. Age
2. Physical ability
3. Socio-economic status
4. Personality

Question 12

When a diagnosis is withheld:

Answer 12

when a diagnosis is withheld from the patient, patient autonomy cannot be entertained.