Replace Option Choice in the Child Medical Consent and eSign it in minutes

Aug 6th, 2022
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How to Replace Option Choice in the Child Medical Consent

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- Im going to to talk to you today about the law around children and their autonomy in relation to medical care, particularly very unwell children who refuse treatment. So let me start with an example. So imagine youre a judge on call and a hospital comes to you with a terrible dilemma. Theyre treating a very ill child. Hes only 15 years old, 15 years 10 months to be precise. He has leukemia and he needs medications to hopefully help him get better. Now, if he has the conventional treatment, theres an 80 to 90% chance he will go into full remission, hell be fine. And theres an alternative treatment thatll only give them a 60% chance of remission, but theres a problem. Taking some of the conventional medicines will mean he will need a transfusion of blood and he and his family have made it clear that he doesnt want to transfusion because its against his faith as a Jehovahs Witness. The hospital have been respecting this, theyve been giving him alternative treatment instead,

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The informed consent process involves three key features: (1) disclosing to potential research subjects information needed to make an informed decision; (2) facilitating the understanding of what has been disclosed; and (3) promoting the voluntariness of the decision about whether or not to participate in the research.
Essential Elements of Informed Consent Description of the research and the role of the participant, including an explanation of all procedures relevant to the participant. Description of reasonably foreseeable risks. Description of expected benefits.
What are the 4 principles of informed consent? The patient must be able to make a decision. There must be an explanation of information before a decision is made. The patient must understand the medical information given. The patient must understand their decision is voluntary.
By definition, a mature minor has been found to have the capacity for decisional autonomy, or the right to make decisions including whether to undergo risky medical but potentially life-saving medical decisions alone, without parental approval.
Four core criteria must be met: the patient giving consent must have capacity the consent must be freely given the consent must be sufficiently specific to the procedure or treatment proposed the consent must be informed.
The following are the required elements for documentation of the informed consent discussion: (1) the nature of the procedure, (2) the risks and benefits and the procedure, (3) reasonable alternatives, (4) risks and benefits of alternatives, and (5) assessment of the patients understanding of elements 1 through 4.
A minor 15 years of age or older may give consent to hospital care, medical or surgical diagnosis or treatment by a physician, dentist, physician assistant, or nurse practitioner without the consent of a parent or guardian of the minor.
The underlying principle of consent isnt particularly complicated: Patients have a right to make an informed, voluntary decision about their care. That means they need to know the nature, risks, and benefits of their options which includes declining treatment.

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