Xavier University

College of Nursing
Case No.3 Is It Really Informed Consent

Kim Ryan P. Yasay

BSN 4 -NB

Before an invasive procedure, it is the Nurses responsibility to accomplish the

informed consent conversations with our patients. There are legal and national
standards for these conversations as well as institution-specific requirements. We
must explain the procedure to the patient in words he or she can understand, we
must explain the alternatives to the procedure and carefully go over the possible
complications. After this discussion is completed, we must have the patient sign a
legal document that verifies their understanding of the procedure they have just
agreed to. In this case, the patient is not fully knowledgeable on the upcoming
procedure she is going to commence. In accordance to the patients right to
information, it is our primary duty and responsibility to assess how well the patient
understood the effects of the procedure. In this case, the patient stated that she is
glad she will not be undergoing surgical menopause, which in this case is erroneous.
Given that the patient is expecting a hysterectomy instead of bilateral salpingo-
oophorectomy and hysterectomy, the nurses primary action would be to re-explain
the procedure and ask the physician for possible postponement of the procedure.
The procedure can be postponed if the patient wishes to because continuing it would
violate the patients right to information. Certainly, you can take back your consent at
any time prior to the surgery itself. Consent, particularly informed consent, is the
cornerstone of patients' rights. Consent is based on the inviolability of one's person.
It means that doctors do not have the right to touch or treat a patient without that
patient's approval because the patient is the one who must live with the
consequences and deal with any discomfort caused by treatment. A doctor can be
held liable for committing a battery if the doctor touches the patient without first
obtaining the patient's consent.
The main issue in this case is that the patient is not fully knowledgeable of the 1.)
procedure to be performed and 2.) effects of the procedure on her body. Continuing
the procedure despite these would put the doctor and the nurse at risk for medical
malpractice and/or negligence. Doctors and nurses have a duty to warn patients of
known effects of a procedure or course of treatment. If a patient, once properly
informed of possible risks, would have elected not to go through with the procedure,
the doctor may be liable for medical malpractice if the patient is injured by the
procedure (in a way that the doctor should have warned could happen).
If the doctor performed the surgery even if the patient refused to, he or she is liable
for any injury suffered by the patient. Generally "consent" to a surgery means that
you have given the doctor permission to perform the procedure. It does not
necessarily have to be written down, but in most cases it is. It is legally required that
the doctor get your consent before surgery is performed, otherwise the doctor might
be liable for criminal battery.
Sources:
Kourosh, A (2011). Medical Malpractice. www.legalmatch.com/law-library/
(Venzon, 2010). Professional Nursing in the Philippines. Nursing Ethics. QC,
Philippines
Gale Group Inc (2008). Wests Encyclopedia of American Law. www.legal-
dictionary.thefreedictionary.com