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Informed consent supports the right of a patient to make decisions about his or her own health care. It gives a patient the information needed to understand a specific medical or surgical procedure. The patient can then decide whether or not to have the procedure. In the United States, informed consent laws vary from state to state. You can ask hospital staff for help if you need more information.
The health care provider who is recommending the treatment is usually the one to discuss informed consent. This discussion should take place before any treatment is scheduled. During the discussion, the health care provider will go over the recommended treatment with you and the reasons for it. By law, the health care provider must also include information about any risks or complications that can occur because of the treatment. Ask any questions you have at this time.
In each state, the procedures that require informed consent are different. Some common procedures that may require informed consent include surgery and anesthesia. The consent form expires within a set amount of time. You may need to sign more than one consent form before treatment.
The following information should be included on a consent form:
Description of the treatment or procedure
Possible risks and/or benefits associated with the treatment or procedure
Possible risks and/or benefits associated with refusing the treatment or procedure
Alternative options to having the procedure (if any) and any associated risks or benefits
Place for patient or legal guardian of patient to acknowledge that he or she was given adequate information and the chance to have questions answered
Place for patient’s or legal guardian’s signature to accept the recommended treatment
For a consent to be valid, the patient must be considered able to make decisions. The consent must also be voluntary.
Patients over the age of 18 are considered adults. They have the right to make their own health care decisions.
Patients under the age of 18 are considered minors. They must have a parent or legal guardian sign their consent forms. The exception to this rule would be in the case of “emancipated minors.” These are patients under the age of 18 who have the legal right to make their own health care decisions.
Patients over the age of 18 who are unable to make their own decisions must have an appointed guardian sign their consent forms.