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Atty. Judy Anne Yuki Yulo, RN, MD

This document discusses the essential elements and legal basis of informed consent in medical treatment. It outlines that informed consent protects patient autonomy and provides a defense for physicians. Key elements of consent include the patient's legal capacity, understanding of treatment/risks, and free choice. The physician must provide information a reasonable practitioner would disclose, and liability can arise for non-consensual treatment or procedures. Defenses for physicians include medical necessity in emergencies or the patient exercising their autonomous right to refuse treatment.

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199 views

Atty. Judy Anne Yuki Yulo, RN, MD

This document discusses the essential elements and legal basis of informed consent in medical treatment. It outlines that informed consent protects patient autonomy and provides a defense for physicians. Key elements of consent include the patient's legal capacity, understanding of treatment/risks, and free choice. The physician must provide information a reasonable practitioner would disclose, and liability can arise for non-consensual treatment or procedures. Defenses for physicians include medical necessity in emergencies or the patient exercising their autonomous right to refuse treatment.

Uploaded by

User 010897020197
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Atty.

Judy Anne Yuki Yulo, RN,MD


CONSENT
ESSENTIAL ELEMENTS OF THE CONTRACT
CONCEPT OF AUTONOMY
1. AUTONOMY OF THOUGHT
2. AUTONOMY OF WILL
3. AUTONOMY OF ACTION

THE EXERCISE OF THE DECISION MAKING CAPACITY OF THE PATIENT


INFORMED OF THE TREATMENT/ ALTERNATIVE/ RISKS
UNDERSTOOD
MADE A CHOICE
DUAL PURPOSE OF CONSENT
TO PROTECT THE BODILY INTEGRITY OF AN
AUTONOMOUS PERSON BY ATTACHING
CIVIL AND/OR CRIMINAL LIABILITY
TO UNWANTED CONTACT

TO PROVIDE A DEFENSE TO A PHYSICIAN


WHO HAS PHYSICALLY EXAMINED AN
AUTONOMOUS PATIENT WHO HAD
CONSENTED TO THE CONTRACT
WHO SHOULD GIVE THE INFORMED CONSENT

1. CAPACITATED PERSON
2. SPOUSE
3. PARENT / NATURAL GUARDIAN FOR MINORS ( < 18 YRS OLD)
4. GUARDIAN FOR INCAPACITATED PERSONS
5. LEGAL GUARDIAN APPOINTED BY THE COURT
6. DULY APPOINTED OFFICERS OF THE DSWD
ESSENTIAL ELEMENTS OF CONSENT:
1. LEGAL CAPACITY OF BOTH PARTIES
18 YEARS OLD
IF CHILD (PEDIATRICS) – CONSENT BY PROXY
OF SOUND MIND
2. MANIFESTATION AND CONFORMITY OF BOTH PARTIES

3. CONFORMITY MUST BE INTELLIGENT, SPONTANEOUS,


AND FREE FROM VICES OF CONSENT

4. CONFORMITY MUST BE REAL AND NOT SIMULATED


SUBJECT MATTER OF THE INFORMED CONSENT
NON CONSENSUAL PHYSICAL CONTACT
NON CONSENSUAL MEDICAL TREATMENT / PROCEDURE
PROCEDURE OR TREATMENT IN GENERAL TERMS
ALTERNATIVE PROCEDURES
RISKS
LEGAL AND MORAL BASES OF INFORMED CONSENT
( RIGHT TO SELF DETERMINATION)
THE LEGAL REQUIREMENT FOR CONSENT IS BASED ON
THE MORAL PRINCIPLE OF RESPECT FOR ANOTHER
PERSON’S AUTONOMY.

CONSTITUTION
NEW CIVIL CODE
QUANTUM OF INFORMATION
CASE TO CASE BASIS
INFORMATION GIVEN IN BAD FAITH – VITIATED BY FRAUD
PROFESSIONAL PRACTICE STANDARD
- GIVING OF INFORMATION THAT ANY REASONABLE
MEDICAL PRACTITIONER WOULD DISCLOSE
- PERMITS DISCRETION IN THE AMOUNT OF
INFORMATION DISCLOSED

PRUDENT PRACTICE STANDARD


- ALSO CALLED THE PATIENT-CENTERED REASONABLE PERSON
STANDARD
- TEST FOR DETERMINING THIS STANDARD IS THE MATERIALITY
OF THE INFORMATION GIVEN WHICH WOULD AFFECT THE
DECISION OF THE PATIENT
- MATERIAL – WHAT A REASONABLE PERSON SHOULD KNOW
LIABILITY OF THE PHYSICIAN
LIABILITY FOR ADMINISTERING NON CONSENSUAL
PHYSICAL CONTRACT
- NEGLIGENCE
- RAPE
- CRIMES AGAINST CHASTITY

LIABILITY FOR ADMINISTERING NON CONSENSUAL


MEDICAL TREATMENT AND PROCEDURE
(INCLUDING RESEARCH)
- NEGLIGENCE
- MORALLY AND LEGALLY WRONG
DEFENSE DOCTRINES AVAILABLE TO PHYSICIAN
1. THE PATIENT IS UNCONSCIOUS, OR TEMPORARILY
INCAPACITATED, AND IN NEED OF EMERGENCY
TREATMENT
THE DOCTRINE OF NECESSITY

2. THE PATIENT IS UNCONSCIOUS BUT THERE IS NO EMERGENCY

3. THE PATIENT IS CONSCIOUS AND COMPETENT AND


DECIDES NOT TO BE TREATED
PRINCIPLE OF RESPECT FOR AUTONOMY
THANK YOU
FOR LISTENING !!!

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