Emergency exceptions to informed consent

Emergency exceptions to informed consent

Emergency exceptions to informed consent

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  • Process: A dialogue between a clinician and a patient ensuring the patient has sufficient information to make a voluntary decision about their care.
  • Core Components:
    • Disclosure: Discussion of the diagnosis, proposed treatment, risks/benefits, and alternatives (including no treatment).
    • Capacity: Patient must have decision-making capacity (understand, appreciate, reason, and communicate a choice).
    • Voluntariness: Decision must be free from coercion or manipulation.
  • Goal: To respect patient autonomy.

⭐ The treating physician is responsible for determining if a patient has decision-making capacity. This is a clinical judgment, not a legal one.

Emergency Exception - When Seconds Count

  • Applies when immediate treatment is required to prevent serious harm or death.
  • Patient must be incapacitated and unable to provide consent.
  • No surrogate decision-maker or advance directive (e.g., living will) is immediately available.
  • The "reasonable person" standard applies: what would a prudent person in a similar situation want?

⭐ The legal basis is implied consent. The provider presumes the patient would consent to life-saving measures. Meticulous documentation of the circumstances is a legal and ethical necessity to justify bypassing consent.

Special Cases - Navigating Nuances

  • Minors: Implied consent applies in emergencies without parental permission.
    • Confidential consent is allowed for specific non-emergencies (e.g., STIs, contraception, pregnancy, substance abuse).
    • Emancipated minors (married, military, self-supporting) provide their own consent.
  • Advance Directives: Valid, specific directives (e.g., DNR/DNI) must be honored.
    • If a directive is ambiguous or its applicability is unclear, the priority shifts to preserving life.
  • Incapacitated Patients: Adults lacking capacity (e.g., intoxication, delirium) are treated under implied consent to prevent serious harm if no directive or surrogate is available.

⭐ When an incapacitated patient lacks an advance directive, consent is sought from a surrogate, typically following a legal hierarchy: spouse → adult children → parents → siblings.

High‑Yield Points - ⚡ Biggest Takeaways

  • Applies when a patient lacks decision-making capacity and faces a life-threatening emergency.
  • Treatment is necessary to prevent serious harm or death, and waiting for consent is not feasible.
  • This principle is known as implied consent, based on what a reasonable person would want.
  • Does not apply if the patient has a known objection to the treatment (e.g., an advance directive).
  • The exception is invalid if a surrogate decision-maker is immediately available.

Practice Questions: Emergency exceptions to informed consent

Test your understanding with these related questions

A 76-year-old man is brought to the hospital after having a stroke. Head CT is done in the emergency department and shows intracranial hemorrhage. Upon arrival to the ED he is verbally non-responsive and withdraws only to pain. He does not open his eyes. He is transferred to the medical ICU for further management and intubated for airway protection. During his second day in the ICU, his blood pressure is measured as 91/54 mmHg and pulse is 120/min. He is given fluids and antibiotics, but he progresses to renal failure and his mental status deteriorates. The physicians in the ICU ask the patient’s family what his wishes are for end-of-life care. His wife tells the team that she is durable power of attorney for the patient and provides appropriate documentation. She mentions that he did not have a living will, but she believes that he would want care withdrawn in this situation, and therefore asks the team to withdraw care at this point. The patient’s daughter vehemently disagrees and believes it is in the best interest of her father, the patient, to continue all care. Based on this information, what is the best course of action for the physician team?

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Flashcards: Emergency exceptions to informed consent

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SVC syndrome can be caused by _____ from indwelling central venous catheters

TAP TO REVEAL ANSWER

SVC syndrome can be caused by _____ from indwelling central venous catheters

thromboemboli

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