Consent to Medical Care

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Presentation transcript:

Consent to Medical Care What you should know about your rights!

Consent in Foster Care When you were placed in care, the court or Department of Family and Protective Services (DFPS) chose an individual to “consent to,” or agree with, medical care decisions recommended by your doctor.

Examples of Medical Care X-Ray medical tests Surgery Rehabilitation treatments that do NOT require surgery Medications

Consent Rights When you turn 16 or if you were already 16 when you came into care, you have the right to REQUEST to make some or all of your own medical decisions.

Requesting to Consent You will be able to go to a court hearing so that you can ask the judge to approve your request to make your own medical decisions. OR Your attorney-ad litem can go to court and ask the judge to approve your request to make your own medical decisions.

Your Responsibility as a Consenter If the Judge decides you are capable of making your own medical decisions, You MUST let your CPS caseworker know about your medical care. Your caseworker must report back to the court about your medical care/needs.

Making Medical Decisions If you fail to make medical decisions that are in your own best interest, your case worker will notify their supervisor, who will try to resolve the issue with you. If the issue can NOT be resolved, your court appointed attorney will be notified and the judge will be asked to make a ruling.

What Does Informed Consent Mean? “Informed” means made aware of something. For example, I know that I am sick and need surgery. I am aware of the risks. “Consent” means voluntary agreement by a person to give authority to another. For example, I have decided to have the surgery, I give my doctor my permission to perform it. “Informed Consent” means permission given by a patient (YOU) to undergo a medical or surgical treatment after the patient understands the risks involved.

Knowledge is Power In order to make good medical care decisions, you need to understand as much as possible about all the information related to your particular need or problem. So, ask your doctor questions and get enough information so that you feel comfortable when making a decision.

Questions to Ask You can NOT make good decisions without good (and complete) information. You need to know, understand and ask about the following things: The nature of your problem or need What is my problem and how did it come about? The nature and purpose of proposed treatment or procedure What is the procedure and why is this best for my condition? The risks and benefits of the proposed treatment or procedure What are the risks of having this procedure? What might go wrong? How will I feel better if procedure is successful? Reasonable alternatives to the proposed treatment or procedure Are there any other options I can consider besides this treatment? The risks, benefits and uncertainties related to each alternative What are the risks of having this alternative procedure? What might go wrong? How will I feel if procedure is successful? The risks and benefits of not having any treatment or procedure What will happen to me if I don’t choose to be treated?