Question

Explain the differences between express and implied consent. Which type is more legally sound? Are express consents given by patients? If so, give examples

Discuss situations in which minors may be legally permitted to consent to their own medical treatment. Should they be permitted to make their own treatment decisions in these cases?

Answer 1

difference between express consent and implied consent

Express consent

Express consent is valid consent given in writing or orally. Express consent is when the patient directly communicates their positive and explicit consent to the doctor or healthcare provider. This is usually done in writing by signing papers. It can also be supported through oral or verbal communication with the doctor (such as saying, “Yes, I consent”). Express consent is not time-limited unless the user withdraws their consent.

One can also give express consent by making a clear verbal statement like, “Yes, I consent to this procedure.” Written permission is usually required for complex or risky procedures, examinations that aren’t primarily meant to give clinical care, procedures that could have social or personal consequences for the patient, and treatments given as part of a research program.

Implied consent

Implied consent occurs through the actions or conduct of the patient rather than direct communication through words. For example,One might give implied consent by nodding the head, by rolling up the sleeve to let the nurse take a blood sample, or by fasting for 24 hours before a scheduled surgery.

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Which type is more legally sound?

The written express consent provide rock solid protection legally. at the same time it requires another important factor: information

A patient must fully understand the nature and the purpose of any medical examination or procedure, including the risks, benefits, and possible side effects to be a valid legal document.

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Are express consents given by patients? If so, give examples

The patient is getting ready for blood transfusion, before the procedure the nurse explains the procedure, about the risks and its benefits. if the patient gave consent to nurse orally stating, "you can go ahead with the procedure", it is called oral express consent. It the patient write and sign in the consent form for giving permission it is called written express consent.

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Discuss situations in which minors may be legally permitted

Traditionally minors are considered incopetent to give consent for medical treatment most states now have statutes that give minors the right to consent to treatment in specific situations.

Examples of these are as follows:

Court-ordered emancipation. A child under the age of 18 who lives independently without the support of parents and makes his or her own day-to-day decisions may petition the court for emancipation. If granted, the minor will have the same legal rights as an adult, including the right to consent to (and refuse) medical treatment. If a minor patient advises you that he or she is emancipated, obtain a copy of the decree to place in the patient’s record.

Situational emancipation. Depending upon the particular state, minors who are or have been married, are themselves parents, attend college away from home, are members of the military, and other similar situations may be allowed to consent to treatment on their own behalf. States may also grant minors the ability to consent to treatment where no parent or guardian is immediately available and a delay in treatment may result in harm to the minor.

Type of treatment. Minors are often allowed to consent to treatment for such things as substance abuse, mental health care, and birth control. In several states, such as Vermont and California, this right is granted to minors as young as 12.