Legal and Ethical Aspects of Medicine – Consent: By Nelson Chan M.D.

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Legal and Ethical Aspects of Medicine – Consent
Whiteboard Animation Transcript
with Nelson Chan, MD, LLB
https://medskl.com/Module/Index/consent

As a physician, it is your duty to provide your patients with the relevant medical information in order to help them choose a treatment plan. Even if a treatment is medically indicated and you think it is in their best interest, it is ultimately up to the patient to decide whether to proceed.

Here are 3 things that you should not miss when obtaining a valid consent:

1. Assess the patient’s capacity

Before you even obtain consent, you need to be satisfied that the person can understand the nature of the proposed treatment, its anticipated effects, and the consequences of refusal.

In most provinces, capacity does not depend on age but varies according to the person and the complexity of the decision. A 10-year-old may appreciate that his broken foot needs a cast but that same person may not understand the operation proposed to fix it.

2. Inform the patient of any special risks

During the consent process, you will need to provide your patients with information about the expected benefits, possible material risks, any alternative course of actions, and the likely consequences of not having the treatment.

You should also discuss any special risks that might apply to the particular patient. Developing an abnormal sense of touch after carpel tunnel surgery may affect a dentist differently than a retired librarian.

3. Be sure that the person is giving consent voluntarily

When getting consent, take care to ensure that this person is choosing freely and is not being coerced by anyone, including you.

Patients should be given an appropriate time to deliberate and the information should be presented factually. While in some cases it may be important for the patient’s friends or family to provide input, remember that you are only treating the patient.

Patients have the right to choose, doctors have the duty to inform.