Presentation on theme: "IMPLIED CONSENT and INFORMED CONSENT It’s the law!!"— Presentation transcript:
IMPLIED CONSENT and INFORMED CONSENT It’s the law!!
What is Implied Consent? During the first visit (or first visit of a new complaint or condition), the doctor must gather information about that patient The doctor must take a case history and must perform necessary examinations By the patient’s presence in the office, consent for the EXAMINATIONS is IMPLIED
IMPLIED CONSENT Therefore, by the patient’s presence in your office, you do not need to obtain written permission to perform necessary examinations Verbal consent to perform exam is all that is needed for most situations (in DC offices)
IMPLIED CONSENT He or she is automatically giving you permission for information- gathering only The patient has NOT given the doctor permission to perform any interventions/treatments/therapies (i.e. an adjustment) Obviously, exceptions apply when the situation is critical (ER, EMT)
Questions about IMPLIED CONSENT?
INFORMED CONSENT It is both a process and paperwork Informed consent begins after the doctor has gathered all necessary information and has determined the necessary intervention
INFORMED CONSENT The doctor must give the information he or she knows that may play a role in the patient’s decision about his or her health or health care choices
INFORMED CONSENT There are 5 important elements of the informed consent process: 1. Diagnosis/Clinical Impression Patient wants to know: “What is wrong with me?” This must be given in understandable terms
INFORMED CONSENT 2. Treatment/Intervention The patient wants to know: “Can you help me?” This is NOT the time to explain the exact technique of adjusting or biomechanics of adjusting. One explains how chiropractic can help with the particular diagnosis from element #1
INFORMED CONSENT 3. Risks or complications associated with the treatment or with the diagnosis In some states, you are required to explain in writing For example, you must give lifting restrictions to a patient with an acute disc herniation
INFORMED CONSENT 4. Alternative treatments, concurrent treatments, or additional diagnostic procedures This is the time to tell the patient if more treatments or tests are needed (either within or outside of your office)
INFORMED CONSENT 5. Successes and Failures The patient wants to know: “What is my prognosis?” This information is based upon personal experiences of the doctor, literature, research, classroom knowledge
INFORMED CONSENT So, by informing the patient of the 5 elements, you have completed the process of INFORMED CONSENT By having the patient sign the form, you have completed the paperwork part of INFORMED CONSENT Remember, though, that if the patient’s condition or complaints change, or you must change your clinical impression, you must repeat INFORMED CONSENT
IS THIS FOR PALMER ONLY? You must utilize an informed consent process for every patient in your office What if you do not inform a patient prior to an adjustment (or any form of treatment)?
What about minors? In Iowa and Illinois, care of any patient under the age of 18 requires the consent of a parent or a legal guardian The parent or legal guardian is required to be present on the first visit
TWO RULES Additionally, there are two rules associated with informed consent that you should be aware of: The Doctor’s Rule The Patient’s Rule
The Doctor’s Rule In ALL states, the Doctor’s Rule applies: The doctor determines what information is important to deliver to the patient. Example: Kidney stone
The Patient’s Rule In SOME states, the Patient’s Rule applies: The doctor must give any and all information to the patient in order for him or her to make an informed decision about his or her health care options Example: Kidney stone It is not a rule that the patient must tell the doctor everything about the complaint