Good morning, everyone here, today my topic is informed consent

What is informed consent?

Informed consent is a process of
Communication between a patient and Medical Officer which results in
an agreement to undergo a specific intervention.

THERE ARE 2 TYPEs OF MEDICAL TREATMENTs

Invasive
e.g. blood test, biopsy
Non-invasive
e.g. blood pressure, urine dipstick, ultrasound

WHAT KIND OF TREATMENT REQUIRES an informed consent?

If the treatment is invasive and carries a particular risk then written
consent needs to be given by the patient to the Medical Officer who
orders the treatment before the treatment is carried out

WHAT WE NEED IN THE INFORMED CONSENT?

It has been identified five components necessary for informed consent
1. there is a procedure to be performed
2. consent is given freely and voluntarily
3. consent covered the person who is to perform the procedure
4. the consent is given by a patient with the competence and capability
of providing consent (i.e. at least 18 years old with sound mind)
5. the patient was sufficiently informed to understand that which was
the subject of the consent

Inherent in these principles was the concept that the patient had the
right of self-determination and that the individual had ownership and
responsibility for her body and what was done to it.

There are some EXCEPTIONS

Firstly, under Emergency cases, in order to urgently save life
Secondly, For Minors
Parents, Guardian or Supreme Court had the right to give consent

The third group are, the Mental Disabled persons :

Procedures such as compulsory drug or alcohol estimation, if requested
by a police officer, may be performed without consent.
Specific psychotherapy, in accordance with the Mental Health Act 1990,
may also be performed for patient benefit without that patient’s consent.

There are some RELEVANT LEGISLATIONs

* Powers of Attorney Act 1998
* Guardianship and Administration Act 2000
* Mental Health Act 1990
* Children (Care and Protection) Act 1987
These 4 legislations give the guidelines for the patients to appoint the
guardians or administrators to make decision on their behalf.
In Common law: a doctor owes a duty of care to his patient.
The judgment in Rogers v Whitaker (1992) 175 CLR 479 at 483 laid down
that
"The law imposes on a medical practitioner a duty to exercise
reasonable care and skill in the provision of professional advice and
treatment.

The decision in Rosenberg v. Percival [2001] HCA 18 (5th April 2001),

also established in Australian law the standard of care required when a
doctor gives information to patients about risks of proposed procedures.

FOR NON-COMPLIANCE
The patient or their family can claim for any injury or damage including
death, serious medical complications, financial loss, pain and suffering,
and emotional difficulties.

If there is no consent nor treatment information given to the patient at

all, we call this kind of charge as battery – it is very rare because it is
quite difficult to establish.

But, negligence is easier because it is only required to establish that the

medical officer does not clearly demonstrate the procedures and risks to
the patient, so, it is easier.

LASTLY
We need to remind you that informed consent provides no guarantee
that the patient will recover after the treatment or the consent will
remove any risk, But the understanding of why the treatment is needed,
how it will happen, and what the risks and alternatives are, will support
its chances of being successful.