- Be mentally competent to make a rational decision
- Have the freedom to exercise voluntary choice
- Be provided with "as much information as a reasonable patient would require to make a rational decision under similar circumstances"
Key Elements of Informed Consent
The person consenting to treatment MUST:
Mental competence
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Is the ability to understand the information provided, and to make an informed choice
It is NOT the same as:
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Competence to manage one’s affairs
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Literacy - the ability to read or write
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Sanity or absence of psychosis
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Legal competence
"Freedom to exercise voluntary choice" means that the consent
is free of coercion.
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It does not necessarily mean that the patient is free to come and go from the hospital.
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Voluntary informed consent can still be obtained from a person on a hold or commitment.
To be 'informed', consent must be based on "as much information
as a reasonable patient would require to make a rational decision under
similar circumstances".
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Nature of the condition
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Nature and purpose of the proposed treatment
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Probability that it will succeed
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Risks and consequences of the proposed treatment
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Alternatives to the proposed treatment and their attendant risks and consequences
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Prognosis with and without the proposed treatment
Examples of involuntary or coerced consent might include telling a
patient the following:
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If you do not consent, you will be transferred from the hospital to jail.
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If you do not consent, you will be kept in the hospital indefinitely.
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Your insurance will not pay for treatment, and you will be billed directly.
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You will receive pain medication as soon as you give consent