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Doctor insights on: Legal Issues Related To Informed Consent And Refusal

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Do you need to have an official mental status evaluation to take over parents finances without their consent?

Do you need to have an official mental status evaluation to take over parents finances without their consent?

Legal Issue: Obtaining durable power of attorney over one's parent's finances is a legal issue. The laws regarding such matters differ from state to state. In the process of obtaining control of one's parent's finances without their consent, they would both need to be deemed incompetent by the court. Competency can only be determined by an official mental status evaluation. ...Read more

Dr. Abraham Morse
699 doctors shared insights

Informed Consent (Definition)

Informed consent is the process of communication between a patient and physician that helps a patient make an educated decision regarding a medical intervention. The physician must provide thorough information to the patient regarding his/her diagnosis, potential treatment, risks and benefits of the ...Read more


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Geriatrics md: how could daughter sign mom up for nursing home without consent and then deny medical sibling access to info?

Geriatrics md: how could daughter sign mom up for nursing home without consent and then deny medical sibling access to info?

Need a bit more info: What state are we talking about? Does daughter have durable power of attorney? What do you mean when you say "medical sibling"? The best thing may be for you to discuss this with a lawyer who deals with these issues on a regular basis. ...Read more

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How can mental health issues be diagnosed if the patient is unwilling to acknowledge any problems?

How can mental health issues be diagnosed if the patient is unwilling to acknowledge any problems?

Examination: Just by talking and examining a patient we can often diagnose mental health problems even without them admitting they have a problem. The key is getting them in to see the doctor. ...Read more

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Why do so many medical offices ask for unnecessary & intrusive personal information (ssn, drivers licenses) unrelated to medical records?

Why do so many medical offices ask for unnecessary & intrusive personal information (ssn, drivers licenses) unrelated to medical records?

Required by law: It is required by law & insurance contracts that they have with companies & that you signed with those same companies. They need to make sure you are who you say you are & that they have proof. Also, if there is any legal question in the future, they can prove that they verified your identity. Finally, insurance companies use this info to track your health & put it into a central database. ...Read more

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What good is hippa rights if all drs. have access to personal information even stafff knows my health issues ?

What good is hippa rights if all drs. have access to personal information even stafff knows my health issues ?

HIPAA: Even if a facility uses an electronic health record system, that is not an open invitation for any one physician or staff member to peruse your record. The bottom line, is that provider / staff would need to have a bonafide reason to access your record. ...Read more

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My boyfriend has herpes - we are able to communicate about the health concerns, but he is unable or unwilling to discuss the emotional issues. Help?

My boyfriend has herpes - we are able to communicate about the health concerns, but he is unable or unwilling to discuss the emotional issues. Help?

Talk: Tell him this is not a deal breaker, if it's not, but it takes some agreement on how to handle it physically & emotionally. It's worth dealing with if you love him, but it's a responsibility he has to step up to. Pretending it is not an issue is not an option. Are you going to use condoms, which are not 100%, or are you going to be infected? Is that okay with you? If it is, tell him. ...Read more

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Why do minors need parental consent in order to recieve counseling or therapy?

Why do minors need parental consent in order to recieve counseling or therapy?

State laws: Texas law, as in other states, determines who can legally give consent for a treatment. Until a kid reaches 18, the parents are given that right/responsibility. If the kid is "emancipated", living on their own over 16 or has been given that status but a court, they are exempt & can consent. Some issues like std treatment & reproductive health are exempted from that rule as a public health issue. ...Read more

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In states with no HIV specific laws, are HIV poz. People still required required to inform future partners and face legal issues if they dont?

In states with no HIV specific laws, are HIV poz. People still required required to inform future partners and face legal issues if they dont?

That is beside: The point. Common human decency would require disclosure of that information but that requires people of conscience. The law can offer no consequence that would be worse than knowing you (rhetorical) were the cause of transmitting HIV to an unwitting person without regard. If you have any questions about an individual's status refrain from any sexual activity. ...Read more

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What is the legal accountability of the ppo primary care? We don't need someone with preceived authority but with no real accountability to me. Accountability/liability and authority go hand in hand

What is the legal accountability of the ppo primary care? We don't need someone with preceived authority but with no real accountability to me.  Accountability/liability and authority go hand in hand

Please see below: Noted several of your posts. Sounds like u r pretty frustrated & angry. Perhaps at a provider &/or insurer. I'm not sure anything we can say here will help much. If ur issue is w a provider, i'd encourage u to try to work w them to clarify a poss misunderstanding. Or get a 2nd opinion. Dealing w an insurer can be more difficult & may require persistence. But try working w their cust svc. Take care. ...Read more

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Any other non mental diagnosis code besides 300.00 for anxiety to give Zoloft (sertraline) for, so not to label my child as mental health disorder?

Any other non mental diagnosis code besides 300.00 for anxiety to give Zoloft (sertraline) for, so not to label my child as mental health disorder?

Anxiety : 309.28 is a diagnosis for an adjustment disorder. It can be used to justify meds and it is a low level diagnosis because it is perceived as being a diagnosis resulting to having difficulties adjusting to a life issue and to be temporary. ...Read more

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Aren't we all considered dysfunctional to a degree, unless properly informed or educated? Public school didnt correct my upbringing lol

People would pretty: boring if we didn't all have little quirks. The question is - to what degree do our quirks cause problems in our life or the lives of others. Take care. ...Read more

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Unable to get any health info or nursing care plan on mom due to hipaa. She signed both of us as poa in tx but in this state can be only 1. What to do?

Need to know: What state you are in to be able to research this. Best thing to do is to consult a lawyer in your mother's state who has dealt with this type of issue before. ...Read more

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What constitutes interference of health care? Facility wants to evict elderly resident due to visits from friend allegedly interfering with her care.

What constitutes interference of health care?  Facility wants to evict elderly resident due to visits from friend allegedly interfering with her care.

The answer: is a LEGAL one NOT a "medical" one! 'Interfering" needs definition and more information needed to define! Forcing the RESIDENT out does NOT seem "fair"!! Hope this helps! Dr Z ...Read more

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What is the minimum legal age to receive cosmetic/plastic surgery without parental consent?

What is the minimum legal age to receive cosmetic/plastic surgery without parental consent?

Legal question: I happen to have a good friend who's a lawyer whom I just consulted: The age of majority varies by state but most use 18. Once you reach the age of majority, you can do anything you want without parental consent. Here's the list: all are 18(except Alabama (19), Nebraska (19 or upon marriage),Puerto Rico (21) and Mississippi (21)) However, you should rely on wiser people before considering surgery ...Read more

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In the USA, at what age can a minor receive medical care without parental knowledge or consent?

In the USA, at what age can a minor receive medical care without parental knowledge or consent?

Varies by state...: The rules vary by state, by disease or condition being treated, by legal status of the minor, etc... It can get confusing, so takes some online research in each state. Usually, conditions regarding reproduction (normal teen sexual issues) are private, as well as substance abuse (smoking, marijuana, alcohol), and mental health issues such as depression. The child can choose to involve the parents. ...Read more

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Can anyone clear his/her mental health records due to misdiagnosis?

Can anyone clear his/her mental health records due to misdiagnosis?

Not exactly: You can appeal anything in your medical record. You can submit a letter outlining why you think there is an error. The physician has 60 days to respond to this request for change in the medical record. They are not required to make the change, but they must notify you of the decision. If they refuse to amend records, you may submit a formal written disagreement that must be added to your file. ...Read more

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When being primary caregiver for aging parent with worsening mobility issue, how to not be abused by them and losing self?

When being primary caregiver for aging parent with worsening mobility issue, how to not be abused by them and losing self?

Overwhelmed: If i understand your question, you feel overwhelmed physically and mentally. Your health is just as important and you of course can't take care of your parent if your health deteriorates. Try to get nursing help for the parent if they qualify, try to get other family to help, talk to friends and if needed, psychologist/psychiatrist. It can be overwhelming, dont do it alone. ...Read more

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What are labouring woman's legal rights to refuse treatment she isn't convinced of? Do maternal rights trump fetal rights? Can doctor force treatment?

What are labouring woman's legal rights to refuse treatment she isn't convinced of? Do maternal rights trump fetal rights? Can doctor force treatment?

Total control: Women in labor might not be in the best physical/mental condition to make intelligent choices. But legally they have the final say in what could be done after their doctor explains the possible choices. This would include the risks of making the wrong choice. ...Read more

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Is it possible to be administrated anti-depressants without parental consent?

Is it possible to be administrated anti-depressants without parental consent?

Depends on variables: There are a few legal situations where these drugs can be administered to minors and most require the kid to be in custody or a ward of the state. Most states give parents control of the medical decisions for their children to a specified age, usually 18, at which point the parent may be required to ask the kid for permission to know the treatment they are on. ...Read more

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What is the age of consent for children who want to be apart of their health care decision?

What is the  age of consent for children who want to be apart of their health care decision?

18 or 14: Depends on the issue. For general medical issues the age is 18 years. For issues involving sex, drugs, alcohol, mild psych issues, smoking, or pregnancy, the age is 14 years old in most states. You might need to check your state laws to see what they are specifically but those are the general laws in most states. ...Read more

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What exactly is informed consent?

What exactly is informed consent?

Risks/Alter/Benefits: In medical matters, informed consent implies that a patient has been given clear understanding of the risks, alternatives, and benefits of a particular treatment and has the mental faculties to comprehend the information. ...Read more

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Explain the process of informed consent please?

Explain the process of informed consent please?

A dilemma: A nervous patient needing an extraction wants to know exactly what is about to happen. He obviously has elevated BP due to nervousness, I am about to raise it even more with the anesthesia (epi). Do i really need to explain the details of how i will cut the gums and bone and the inherent dangers? Will this not increase the risks to him & what will it accomplish? There's no real alternative tx! ...Read more

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Explain the process of getting informed consent ?

Patient-doctor: The doctor/patient relationship is so important to achieve a positive outcome. The doctor discusses: the diagnosis or problem that is being addressed, the options that are available to correct the problem, the pros and cons of each option, his or her recomendations and why, risks/benefits, likely outcome and clinical course, if it involves a procedure the surgeon should relate his own experience. ...Read more

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In the field of medicine, what is informed consent?

In the field of medicine, what is informed consent?

Risks benefits: and alternatives of proposed treatment are discussed ...Read more

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I want to know what's the best way to define "informed consent"?

Legal definition: Ic is a responsibility that a physician has, to reveal what a reasonably prudent physician employing reasonable care would tell a patient as to whatever reasonably foreseeable risks of harm might result from a proposed course of treatment. This disclosure must be done in a way that a patient, exercising ordinary care can intelligently exercise judgment by balancing probable risks and benefits. ...Read more

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What is the best way to define "informed consent" for an elderly person?

Informed Consent: Hello! this is a form that explains what procedure you are having, why it is being done, the risks, benefits, and allows you to ask the doctor any questions you may have prior to saying you will allow them to perform anything on you. If you don't agree with what is in the informed consent, you don't sign and the doctor cannot perform the procedure.. ...Read more

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Why is informed consent overlooked when it comes to resident obstetric treatment?

It shouldn't: All procedures should go through an informed consent process regardless of who is doing the procedure. You do not need to give consent to be seen by a resident. It is your choice to go to a teaching hospital. If you don't want that, don't go there. A resident is a licensed doctor who is undergoing specialty training. ...Read more

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As poa, do I need to tell my loved one about informed consent?

Most definitely: In the end, it's your decision since they singed that away to you, but it's the only right thing. ...Read more

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What's a truly informed consent form for someone with mood disorders?

Informed consent: First there is a discussion of your health issue, and recommendation for treatment. Alternate treatments and questions from patient will be answered. Your support, family and friends will be involved. The process is more about the risk/benefit analysis, and making the best decision for your health. Its not about your level of information retention. Make sure your family is with you. ...Read more

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Who do you talk to, the nurse when the doctor doesn't tell you about informed consent.?

Who do you talk to, the nurse when the doctor doesn't tell you about informed consent.?

Another doctor: If your doctor hasn't made arrangements to properly inform you about the risks, benefits and alternatives to surgery as well as other important things like what the scars will be like, how to care for incisions or physical restrictions post-op, then it is probably time to see another doctor unless you are on death's door. It's the doctor's responsibility, not the nurse's! ...Read more

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Tpa (alteplase) fail & they wait to do surgery until family is located. Too late by then for surgery. Er dr couldnt do surgery cuz he didn't have informed consent.?

Not nessecarily: It depends on the situation and the emergent nature of the procedure needed. It is always preferred, to have informed consent prior to doing anything, but under certain situations/emergencies a life saving procedure can be performed even if informed concent is not possible. ...Read more

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Please inform about cholesterol levels in jaggery?

Please inform about cholesterol levels in jaggery?

None: There is no cholesterol in jaggery. However, you do need to control your intake of sugar. For good health - Have a diet rich in fresh vegetables, fruits, whole grains, low fat milk and milk products, nuts, beans, legumes, lentils and small amounts of lean meats. Avoid saturated fats. Exercise at least 150 minutes/week and increase the intensity of exercise gradually. Do not use tobacco, alcohol, weed or street drugs in any form. Practice safe sex. ...Read more

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What is the medical definition of an informed decision?

Informed decision: Informed decision = being educated about options before making a choice or giving consent. ...Read more

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I am informed how long the ureters are, but my question is how wide are they (or in diameter)?

I am informed how long the ureters are, but my question is how wide are they (or in diameter)?

Here are some ...: Ureteral length in adults is about 22-26 cm; its diameter is about 0-4 mm depending upon its phase of peristalsis which is related with the pace of urine production and transportation. These figures are the approximate under its normal condition. ...Read more