Posted by Richard Shallcross

There are a number of things that the health care provider can do to ensure that the patient’s consent is valid:

  • The actual person who will be performing the procedure should obtain the consent and that provider should have a full understanding of the patient’s medical history
  • The doctor should ensure that the patient is legally and mentally capable of giving consent
  • The doctor or hospital should not coerce the patient into giving consent
  • The patient must consent to a specific procedure, and generally, the health care provider cannot go further than the scope of that procedure
  • The health care provider must disclose sufficient information to the patient, such as the nature and purpose of the procedure, the probable risks and benefits, alternative treatments and the risks and benefits thereof, unusual but serious risks, such as death and the consequences of refusing the treatment
  • The patient must be given an opportunity to ask questions and think about the information
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