Hcs 335 Presentation to the Board of Ethics

In their article, “The Concept of Informed Consent,” Faden and Beauchamp give two varying definitions of informed consent, namely sense one and sense two. Sense one is defined as autonomous authorization, meaning that the patient or subject agrees and then gives authority to move forward with a proposal (Vaughn 191). The authors give four conditions that have to be met for informed consent to be recognized: the patient has to understand the information presented to her, there should be no manipulation or coercion, and she has to intentionally give her authorization (Vaughn 191). Faden and Beauchamp also note that the fourth condition, where the patient gives her authorization, is pivotal in this sense since it differentiates autonomous authorization

Henrietta Lacks died in 1951 of cervical cancer, leaving behind a husband, five children and some cells taken from her without her permission. These cells continue to revolutionize the scientific field today and have played an integral role in some of the most important advances in medicine: cloning, chemotherapy, gene mapping, the polio vaccine and in vitro fertilization. The Immortal Life of Henrietta Lacks answers a lot of questions regarding the Lacks family, but also poses a number of questions regarding ethics, consent and how far society is willing to go to make medical advances.

As research and technology progress forward in time, the ethical considerations that must be taken along with, not only method of study but social ramifications continues to grow exponentially. At the time when cells were taken unknowingly from Mrs. Lacks, there were not strict regulatory guidelines as to how consent should be required along with many other now ill-practice methods of medicine seen at the time. Despite agreeing that the

Rannazzisi, J. T. (2010). Role of Authorized Agents in Communicating Controlled Substance . Retrieved from http://www.gpo.gov/fdsys/pkg/FR-2010-10-06/html/2010-25136.htm

Informed consent stands for self-determination and respect for autonomy. Autonomy is the most influential ethical principle and the main focal point in health care. It is a major concept in relation to informed consent and its simplest form can be seen as the patient’s right to determine what will or will not be done to his or her body. Expanding societal values and evolving patient centred healthcare system influences nursing practice greatly. In Canada, physicians are legally responsible for obtaining informed consent but nurses are also involved in every aspect of the informed consent process. For e.g. Nurses can perform this role when they notice that patients

The patient has the right to receive information necessary to give informed consent prior to the start of any procedure or treatment.

Informed consent is supposed to show that the patient has been informed of the possible risks or consequences, typically for treatment they are agreeing to receive from a doctor. A person might be faced with giving informed consent in research settings, specialized treatments, and/or routine appointments with any health care provider. In the medical field physicians must obtain informed consent from every patient/patient representative in order to treat the patient without leaving themselves open to a lawsuit for negligence.

An informed consent is the sovereign act by the patient or a research subject to authorize a healthcare professional to perform a medical procedure. It means that patients must be briefed on all the goals of the procedure, the methods to be used by the physician and all the risks that they might be subjected to while undergoing therapies/treatments. De Bord (2014), defines informed consent as “Informed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment” (as cited in Appelbaum, 2007). In this paper, I will argue that Jay Katz’s claim for the lack of genuine informed consent in healthcare field is firm by demonstrating and buttressing his claim. I will also pinpoint how Jay Katz’s argument is consistent with the medical professionals’ code of ethics

In the world of medicine, consent is an ethical and a legal agreement between patient and their health care provider; to participate in but not limited to research trials or to obtain medical or surgical interventions. Consent generally is expressed or implied. Express consent can be an oral declaration or it can be provided by printed document. (informed consent). Nevertheless, consent is not an independent entity. It does not function on its own. It works in conjunction with capacity. Spike 2017, stated informed consent is the single most important concept for understanding decision-making capacity. This is measured by a patient’s ability to understand, retain, process and re-communicate the information provided by the medical professionals.

Informed consent is a legal procedure to ensure that a patient, client and research participants are aware of all the potential risks and costs involved in a treatment or procedure.

The reference guide acknowledges that “seeking and giving” consent is usually a process rather than an on-off event as some medical professional act. Informed consent is considered very important prior to undertaking any medical procedures or treatment. Informed consent can also serve to protect patients’ autonomy. Patient autonomy gives the patient the right to make decisions about their healthcare without the regards of their healthcare provider. Also, informed consent helps to ensure the patient’s confidence in the medical professional and the treatment plan by limiting the perception of dishonesty and peer-pressure. Some patients become hesitant to sign documents due to fear and uncertainty in the medical professional. But, if the informed consent has been explained thoroughly and obtained in an appropriate manner than this will help the patient become less resisted with the medical

Autonomy and Consent in Health Care Medical consent forms play a crucial role relating to treatment in the medical field. Consent can be defined as understanding the procedure and agreeing to it (Soper, 2016). The consent form serves two purposes to inform the patient of the upcoming procedure and to protect the hospital by outlining potential risks and complications. However, the vast majority of citizens are not versed in medical jargon and this can affect how well they understand what is going on.

The need by a medic or a physician to inform his or her patient of the required facts concerning a surgical procedure, or any procedure at that is always critical. Informed consent follows the principle that a physician has the duty to disclose all the relevant information to the patient, prior to treatment or services. Informed consent is obtained so that the patient is able to make a reasonable decision based on the facts presented. Along with the proposed course of treatment, the physician also offers alternatives to the patient (Hall & Bobinski, 2014).

Spark: While this is an extraordinary story that presents multiple perspectives, I don’t believe the magnitude of those scientific achievements outweigh the fact that doctors did not obtain consent from Ms. Lacks. As health care professionals our obligation is to do what is morally ethical for our patients, not obtaining patient consent or profiteering off patients tissue are completely unethical - such behavior will demonstrate deception in medicine and it can ultimately create lack of trust between patient and healthcare providers. Although informed consent was traditionally not obtained during this time, this is a case that warrants that Ms. Lacks get proper recognition for the advancement discovered through research on her tissue.

Patients have enjoyed informed consent as an assumed right for less than a century. Medical professionals, in sharp contrast to some lingering views, now follow this concept diligently. Over time, an intermingling of law and ethical reform — focused on informed patient consent and many other issues — have combined to create the current health care legal environment of change, ambiguity, progress and opportunity.