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Related Experiment Videos

Informed consent: Part II.

E K Murphy1

  • 1University of Wisconsin-Milwaukee.

AORN Journal
|May 1, 1988
PubMed
Summary
This summary is machine-generated.

Agencies may be liable if they knew or should have known informed consent was not obtained. Documentation policies can help meet agency duties regarding patient consent.

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Area of Science:

  • Medical Law
  • Healthcare Compliance
  • Patient Safety

Background:

  • The legal responsibility for obtaining informed consent typically rests with the surgeon.
  • Healthcare agencies may share some liability if informed consent is not properly secured.
  • The extent of agency duty in ensuring patient consent is not fully established.

Purpose of the Study:

  • To explore the legal responsibilities of healthcare agencies regarding informed patient consent.
  • To clarify the potential liability of agencies when informed consent is lacking.
  • To examine the role of perioperative nurses in the consent process.

Main Methods:

  • Analysis of legal precedents and court opinions concerning informed consent.
  • Review of agency policies and documentation requirements for patient consent.
Keywords:
Legal ApproachProfessional Patient Relationship

Related Experiment Videos

  • Examination of the nurse's role as a final checkpoint in the consent process.

    • Main Results:

    • Agency liability is contingent on knowledge (actual or constructive) of the absence of informed consent.
    • A policy mandating medical record documentation of consent may satisfy agency duties.
    • Nurses' legal responsibilities are confined to following agency policy, with no independent duty recognized by courts.

    Conclusions:

    • Agencies have a limited duty concerning informed consent, primarily focused on ensuring documentation.
    • Nurses' roles are critical as a final check, but their liability is tied to agency policy adherence.
    • Further discussion on perioperative nursing concerns in consent is warranted.