The Pros and Cons of Informed Consent - Case Study Example

The Pros and Cons of Informed Consent and Parents Rights to Access a Child's Medical Record Date Table of Contents I. Introduction ''''''''''''''''''''''''.. 3 II. Pros and Cons of Informed Consent '''''''''''''.. 3 III. General Information about the Parents Rights to Access a Child's Medical Record ''''''''''''''''''''''' 5 IV. Pros and Cons of Parents Rights to Access a Child's Medical Record ''''''''''''''''''''''' 6 V. A Teaching Plan for Parents '''''''''''''''''. 7 VI. Conclusion ''''''''''''''''''''''''' 7 References '''''''''''''''''''''''''''' 9 Introduction In general, a consenting adult regardless of their physical, mental or health condition has the right to be informed with regards to the information related to the care and treatment that will be delivered to him/her by the health care professionals. (Mental Health Act 2005, 2005) On the other hand, patients below the age of 18 years old requires a parental guidance prior to the delivery of a specific treatment or care. (DOH, 2001a: p.4; DOH, 2001b: p. 7) For this study, the researcher will discuss about the pros and cons of informed consent and parents rights to access a child's medical records. In the process, the researcher will provide several cases to allow the readers to easily understand the subject of discussion. To enable the readers to have a better understanding with regards to the limitations of parents' rights to access a child's medical records, the researcher will discuss the general information on parents' rights to access a child's medical record. Prior to the conclusion, the researcher will discuss a teaching plan for parents. Pros and Cons of Informed Consent One of the benefits of informed consent is that each patient will have the right to know the specific treatment, care or physical examination that will be given to him/her by the health care professionals. In case the patient is still a minor, health care professionals should not only inform the minor patients about the treatment and care but also the patient's parents or guardian. In the case of a consenting adult, the patient will have the right to decide for his/her own preferred care and treatment regardless of whether the patients' decision may or may not cause detriment towards his/her own health. For instance, each patient has the right to voluntarily provide an advanced written statement with regards to his/her preferred care or treatment during the time he/she is still mentally capable to decide for himself. (DOH, 2001b: p. 4) To avoid having to deal with legal problems (DOH, 2001a: pp. 10 - 11), health care professionals are required to acknowledge the patient's advanced statement in case the patient suddenly loses his/her mental capability to decide for himself/herself. The good thing about the informed consent and advance statement is that the patient's decision will still prevail even at the time the patient is no longer mentally capable to decide for himself. In case the patient has been clinically proven to be mentally incapable of being informed or make his/her own decision with regards to his/her preferred care and treatment, the health care professionals should personally inform the patient's immediate family members or a close relative with regards to the treatment procedures, purpose of the treatment, consequences attached with the treatment/care or even the danger of allowing the patient to undergo a specific treatment. (DOH, 2001a: p.6; DOH, 2001b: p. 3, 6) Upon making the patient's family members or relatives to decide on behalf of the patient, health and social care professionals should be present or be involved at the time the family members or relatives will make the decision. (DOH, 2001b: p. 9) Since it is a standard operating procedure for the health care professionals to record or keep the final decision of either the patient himself/herself or the patient's family members or relatives in case the patient is mentally not capable to decide for himself/herself in a written statement, the health care professionals could use the written consent in protecting themselves from any future legalities related to the patient's treatment or care. (DOH, 2001a: p. 6; DOH, 2001b: p. 3) The problem of informed consent is the fact that the patients will always have the right to refuse to receive any forms of necessary treatment that could prolong the patient's life. Even though the health care professionals would want to save a patient's life, the health care professionals have no choice but to respect the final decision of the patients in terms of their willingness to cooperate with the health care professionals or not. General Information on Parents' Rights to Access a Child's Medical Record Natural or adoptive parents do not have the right to access a child's medical record without the child's written consent to allow the parents to have an access over a child's medical record. (California Medical Association 1995 - 2004, 2004: p. 5) In general, minors are given the authority to informed consent given that: (1) they are either married or divorced minors; (2) minors who are on active duty with the U.S. Armed Forces; (3) minors who have been emancipated by a court order; or (4) financially self-sufficient minors who are 15 years old and above who are living away from their parents. (California Medical Association, 2001) Except when stipulated by law, all minors who are facing sensitive issues related to pregnancy, contraception and abortion; infectious or contagious diseases; sexually transmitted diseases such as HIV; rape cases; mental health problems; drug or alcohol abuse; and sexual assault1, the health care professionals are not allowed to tell the minor's parents about the medical care of the minor patient unless the patient gives the physician a permit to inform the patient's parents. (California Medical Association, 2001) Under certain circumstances, parents have the right to obtain a copy of the child's medical record in case the minor patient allows his/her parents to participate in his/her treatment of drug or alcohol abuse2. Pros and Cons of Parents Rights to Access a Child's Medical Record Basically, the benefits of the parents' rights to access a child's medical record outweigh the consequences of this option. For instance, parents of children below 16 years old have the right to access a child's medical record. In the process, parents will have the basic knowledge and information about the completeness of their child's immunization record. In case the child has not yet completed their vaccination, the parents could easily make a schedule with their preferred Pediatrician for the completion of the child's vaccination. In some cases, the child's medical record is also useful in enabling the parents to report to school officials with regards to the immunization status of their child before entering the sixth grade3. (Michigan Department of Education, 2007) The consequence of giving the parents the right to access a child's medical record is the fact that the child's personal privacy with regards to the minor's medical record is being by-passed. In case of major surgery, decisions made by the parents are usually being followed by the physician and other health care professionals (unless the patient strongly objects with a specific treatment procedure such as blood transfusion due to religious belief). A Teaching Plan for Parents In general, parents should know that patients should be informed with all information related to his/her medical care and treatment procedures before the health care providers could deliver any forms of treatment and care. Basically, each patient has the right to make a decision with regards to his/her preferred care and treatment. In case the patient is no longer mentally capable of deciding for himself, the patient's family members and/or relatives will have the right to be informed and make the necessary decisions on behalf of the patient. Patients also have the right to submit an advance statement stating his/her preferred care and treatment. In case health care practitioners fail to satisfy the said conditions, the patient or the patient's family will have the right to sue the health care practitioner for the act of negligence. (DOH, 2001a: p. 2) Parents should know their limitations with regards to the access of their child's medical records. In case the child is still a minor and not capable of thinking or financially supporting himself, parents are responsible in keeping track of their child's medical records to ensure that they receive the necessary care and treatment that could promote the health of their child. For instance, vaccinating their child with immunization vaccines will help the child increase their immune systems towards certain diseases. Conclusion Teaching the parents about the importance of informed consent and the parents' right to access their child's medical record gives them the knowledge with regards to the proper way of dealing with health care professionals and protecting the welfare of their love ones. References: California Medical Association 1995 - 2004. (2004). Retrieved May 2, 2008, from How To Get Your Medical Records: http://www.cmanet.org/upload/HowTforfm.pdf California Medical Association. (2001, August 7). Retrieved May 2, 2008, from Medical Care for Minors: http://www.cmanet.org/publicdoc.cfm/15/4/GENER/165 DOH. (2001a, March). Retrieved May 2, 2008, from Reference Guide to Consent Examination or Treatment: http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4019079.pdf DOH. (2001b). Retrieved May 2, 2008, from Seeking Consent: Working with Older People: http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4009325 Mental Health Act 2005. (2005). Retrieved May 2, 2008, from http://www.opsi.gov.uk/acts/acts2005/ukpga_20050009_en_1 Michigan Department of Education. (2007, March 16). Retrieved May 2, 2008, from Parental Rights: http://www.michigan.gov/documents/parental_rights_122553_7.pdf Read More