Valid Consent to Treatment - Essay Example

Download file to see previous pages McCormack explains that two contrasting theories supported by theorists like Hart, and Austin can be reconciled, and it is obvious that what we consider to be immoral does occasionally correspond with what is also illegal. At times, there arise questions as regard to whether free or informed consent has been received from the patient for the proposed surgery or there may be issues like whether consent has been received at all from the patient for the proposed surgery. For instance, in UK and Wales, it is essential to get consent from a patient who is an offender under NOMS 2007. (Eher et al 2011:33).

Two fundamental theories on medical ethics have been specifically powerful in the British medical profession in the last 250 years, and they are viz.
 Utilitarianism or Consequentialism – This is based on a simple concept, and this concept demands the outcomes of each action to be resolved and that with the predictable most favorable outcome is the best way to adhere. The most constructive outcome is one where there exist the least human pains and most contentment.

 Deontological or Duty-based ethics- This theory utters that medical professionals are duty-bound to some actions in their medical practice despite the outcomes. For instance, it is significant, to be honest ever with their patients. However, in contrast, a utilitarian may say that it is wise to say lie to a terminally ill patient as regards their diagnosis if the real fact is going to increase their pain and suffering.

In real scenarios, the above two theories exist simultaneously in the medical profession. For example, it is often significant that medical professionals inform the patient of the real truth about a terminal diagnosis. In reality, the majority of medical professionals may like to avoid informing the truth to the patient directly. (Khan 2006:1).

There exists in moral medical practice that shapes the moral base of the physician–patient relationship. These notions are competence, valid consent, rationality, competence justified paternalism, shared decision-making, and truth-telling. The cornerstone of ethical medical practice is to obtain valid consent from a patient for any type of therapy or diagnosis types . By obtaining a valid consent from a patient for a medical treatment, the medical practitioner is thus respecting patient’s personal autonomy and self-determination. The moral rule that forbids one individual from denying another of freedom demands that medical practitioner should get valid consent from the patient. It is to be observed that for touching a patient’s body, a physician needs valid consent from the patient. Physicians acknowledge respect for autonomy by receiving valid consent before any treatment is started. The traditional and more widely used phrase “informed consent” is not adequate in ethical practice since it connotes mistakenly that by just offering information to the patient is enough to authenticate the consent process. (Bernat 2008: 24).

Majority of the doctors, despite unconscious to moral theories, do acknowledge that there are some fundamental norms of medical ethics that are vital to their profession. ...Download file to see next pages Read More