Patients’ Rights and Informed Consent Requirements Essay

Patients’ Rights and Informed Consent Requirements Essay

The patient’s rights greatly influence the healthcare service and the well being of the patients. Most of the patients are neither aware of their rights, neither the consent significance. The need for empowering and creating awareness regarding the importance of patients’ rights and informed consent across medical institutions expose the research to opportunities for matching patient requirements to the advanced directives within Florida healthcare. The outline’s aim identifies the patients’ rights alongside the informed consent of Florida healthcare clients through the adoption of the Florida Statute 765, patient self-determination act, and the joint commission. Besides, it outlines the appropriate methods of actualizing patients’ rights that observe the informed consent requirements. Patients’ Rights and Informed Consent Requirements Essay.

  1. Patients’ rights
  2. According to (Marrone, 2016), nurses and doctors should consider the views of patients before subjecting them to specific treatment procedures. Some of the rights shortlisted in the Florida Healthcare facility includes
  3. Right dose
  4. Right documentation
  5. Right route
  6. Right time
  7. Right reason
  8. Informed Consent outline requirement
  9. Informed consent should describe the processes of learning and mastering the purposes, procedures, significance, and risks of medical interventions by patients before nurses or doctors subjects’ treatment to their clients.
  10. Patients must be assured of their rights only if the medical experts handling their cases familiarize themselves and the environments surrounding the infected persons freely and genuinely.
  11. Doctors/nurses have the mandate to inquire about the details of each patient before subjecting them to treatment.
  12. The provision of consent forms is also a way in which healthcare organizations such as Florida can adopt to ensure patients’ rights are assured.
  • Patients’ Self-Determination Act (PSDA)
  1. The PSDA is a mandatory law that all medical institutions must adhere to since it is a matter of life and death.
  2. The act ensures that the patient’s rights to self-determination related decisions are appropriately channeled and protected.
  3. The PSDA, through advanced directives, protects the living will of patients.
  4. A patient’s right to accept or reject a surgical treatment depends on the PSDA. Therefore, the law must be adhered to and supervised
  5. Apart from healthcare professionalism, PSDA covers the aspects of clinical trials, ethical and legal issues in medicine.
  6. The Florida statute
  7. The Florida 2019 statute covers essential topics in nursing.
  8. Healthcare advanced directives
  9. Healthcare surrogate
  10. Life-prolonging procedures
  11. Absence of advance directive
  12. Anatomy gifts
  13. The joint commission (JC) and its expectations in healthcare organizations accreditation
  14. The joint commission aims at improving and maintaining the quality of healthcare in public health facilities.Patients’ Rights and Informed Consent Requirements Essay.
  15. The commission supports performance improvement procedures and principles across healthcare organizations.
  16. The accreditation of healthcare is the role of the joint commission because it has the owners and experts facilitating and tutoring the flow of events in health companies.
  17. The joint commission expects healthcare organizations to improve their services as a method of boosting the welfare of human beings (Marrone, 2016).
  18. The creation of corruption-free environments in medical institutions is also an expectation of the joint commission.
  19. The JC expects Florida healthcare to reduce risks within wards and surgical rooms.
  20. Moreover, JC expects healthcare organizations to educate patients on their rights informed consent.
  21. Advanced directives
  22. Healthcare advanced directives are the personal pans that individuals put in place to ensure their safety in the future.
  23. The advanced directives may include physical, emotional, and mental preparations of individuals aimed towards boosting health.
  24. The rights to accept or reject medical checkups formulate a general overview of what advanced directives entail.
  25. States, private organizations, and federals provide help in ensuring patients meet the demands of advanced directives.
  26. Some of the activities associated with advanced directives include:
  27. Massage
  28. Physical exercise
  29. Adoption of good eating habits and diet selection
  30. Frequent medical checkups
  • Appointment procedures of health surrogates
  1. Patients have no right to select a healthcare surrogate of their choice in most medical organizations. However, Florida healthcare provides patients with the opportunity to choose a health surrogate as a way of honoring patients’ rights and their informed consent.
  2. A surrogate will be appointed for children if their parents cannot be identified after a specific healthcare organization has made a reasonable effort. Patients’ Rights and Informed Consent Requirements Essay.
  • Importance of living wills
  1. A living will protects patients when they are not in the position to speak or communicate their ideas.
  2. The document prevents conflicts between family members when a person is not in a position to communicate.
  3. According to Marrone (2016), the surrogate will gives patients the right to control their medical treatments.
  4. A living will reduce unwanted treatment bills.
  5. Conclusion:

Human healthcare remains a sensitive topic across the globe that attracts the attention of a considerable population of individuals. Therefore, patients’ rights and informed consent across medical institutions expose the research to opportunities for matching patient requirements to the advanced directives. Patient rights play a significant role in determining their informed consent during and before treatments. Therefore, it is necessary to understand and master one’s patient rights. Patients’ Rights and Informed Consent Requirements Essay.


Marrone, S. R. (2016). Informed consent examined within the context of culturally congruent care: An interprofessional perspective. Journal of Transcultural Nursing27(4), 342-348.

Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed
Although prisoners give consent, I don’t believe many are voluntarily giving consent, but are being forced to or being persuaded into giving consent since they have free time and require little compensation (Nelson Merz, 69). I do not believe it is right to make a prisoner do something he does not want to do just because there is a subject needed for research. Also, prisoners may give consent to have a little freedom from their everyday environment. “Special concerns arose in the aftermath of Nazi medical experiments during World War II, which resulted in the Nuremberg Code and the Declaration of Helsinki” (Raab). The Nuremburg Code was brought upon to protect the prisoner subjects from harm and to give them protection from being forced to consent in research.  Patients’ Rights and Informed Consent Requirements Essay.It also protects prisoners from being a population that is turned to for experimental subjects in research. The poor population will easily give consent to a research experiment because they will easily get money due to their voluntary role in the experiment. Although the money compensation sounds great to the unfortunate populations, there is no concern, other than money, or thought put into the overall experiment outcomes. They participate in the research, but do not take into consideration the down side effect it may cause. During a research, there are many people who did not know that giving consent to a research also meant that

Complications stemming from patient-counselor interactions remain a key source of ethical violations and complaints. Informed consent is a major issue with a direct bearing on the counselor-patient relationship. In clinical avenues, the origin of informed consentcontinues to have a direct outgrowth of advances in professional ethics, legal precedents, and continuous moral development. Through informed consent, patients have been able to take responsibility and explore options for their well-being (Welfel, 2012). They achieve this through considering the benefits and costs associated with the procedures and services offered to them and options to those services. Informed consent tends to be integrated to self-determination, ethics, and patient autonomy. It is determinately the starting point of the counselor-patient provider relationship. In this way, it poses as the genesis of the three main components of ethical conduct: beneficence, nonmalefience, and autonomy. Patients’ Rights and Informed Consent Requirements Essay.


The American Code of Ethics for Psychologists had as of recently made express the need for informed consent for any counseling services and evaluation. Statutes in numerous states are seemingly all tying to a licensed counselor. They do not normally differentiate evaluation from medicine exercises and view all exercises as psychological administrations. In 1997, Johnson-Greene and his partners remarked on the need for informed consent in counseling assessments and offered suggestions for its conveyance and content (Welfel, 2012). There has been a developing familiarity with the need for counselors to educate their patients genuinely about expected administrations and potential advantageous and harmful impacts. Based on such advancements, the APA’s modified Ethical Principles and Code of Conduct now covers more explicit necessities for informed consent in the behavior of psychological appraisal.

The patient may also be given sufficient chance to ask questions and get answers. Although it is explicitly needed by the reconsidered Ethics Code, there may be exceptional ethical and practical reasons to give data concerning the referral source, predictable dangers, distresses, and profits. Time dedication on the indicated components might also be intrinsic to assent that is informed satisfactorily. Where compulsory reporting necessities exist like those connected with the engine vehicle organization in a few states, the involvement and confidentiality limits of these entities must be foreseen in neurological victims and talked over with patients as a conceivable restriction of secrecy at the start of an assessment. The revelation is also restricted to the base essential to accomplish the reason. There are additionally numerous other uncommon circumstances needing informed consent, incorporating the utilization of translators (Remley & Herlihy, 2010).

Informed consent is not needed in a few cases in which consent is characterized as the nonappearance of protest to appraisal methods may be acknowledged as sufficient. Such scenarios include:

a) Testing is ordered by law or legislative regulations,

b) Educated assent is inferred since testing is directed as a standard instructive, institutional, or organizational movement; or c) Where the reason for testing is to assess decisional capacity (Remley & Herlihy, 2010). Patients’ Rights and Informed Consent Requirements Essay/

There is likewise a need to utilize language that is sensibly understandable in such cases. Patients must be educated on their entitlement to the refusal to consent withoutprejudice or penalty. However, they rarely do. Although one may assume that the assessment of decisional limit is an objective in each assessment of a counseling patient, no doubt this prohibition just applies when there is a sensible desire that a patient might be unable to give informed consent. This results in a priori objective of the evaluation to verify decisional capacity (Sommers-Flanagan, 2006).


The 2002 APA Ethics Code does not have express guidelines for informed consent for young children (Besley, 2012). On the other hand, it is acceptable that children are included because they are evidently unable to give informed consent. Obviously, children may also be titled to the same contemplations noted above under patient consent. This means that they must be furnished with essential data about the methods, their preferences must be noted, and their consent must be archived with the consent of their parents) or lawful guardian. Cases involving forensic investigations may be seen in a comparative perspective. Typical patient-counselor relationship does not exist, but the essential parts of patient-consent are acknowledged. Individual in forensic may likewise be blocked from getting an illustration of their test outcomes legally accorded to patients under AMA, which must be explained ahead before any evaluative system (Corey, & Callanan, 2011).

Consent is the primary language that patients use to guarantee appropriate correspondence and understanding of cultural variables important to the approval procedure is crucial. While correct informed consent requires a comprehension of the data that may affect consent rather than an insignificant introduction to such data, and given the weakened citizens with which professionals frequently work, counselors are always urged to learn their patient’s grasping of appropriate data through examining inquiries (Welfel, 2012). The patient’s precision may be utilized to show their comprehension. This may be used to uncover zones needing extra clarification. Is such a case, there be a high level of affirmation that exact cognizance of the benefits and risks of an evaluation has been attained. Counselors are also encouraged to portray the comparative dangers and profits of procedures, incorporating the potential alternate choice to do nothing.

The 2002 APA Ethics Code does not comprehensively state if the patient’s consent must be oral or written (Pope & Vasquez, 2011). Therapists must record oral or written consent, assent, and consent. Patients’ Rights and Informed Consent Requirements Essay. While it may be commonplace and practical to be written consent in most outpatient environments, patients discovered that inpatient settings may be less amiable to formal consent in light of the acuity of their disease, psychiatric aggravation, or different elements. In the intensive care facility setting, Neuropsychology might be undoubtedly one of the few professions looking for written consent. Clinic always ensures that patients have signed the consent form when admitted to the care facility. It is suggested that counselors must seek written consent, either through documentation given by intermediaries or their won documents, but oral consent can be accepted based on prevailing conditions of the case. Informed consent is seen as an adaptable substance whose details are reliant partially on defined circumstances connected to a patient (Pope & Vasquez, 2011). Since no two evaluations are precisely much the same, and subsequently there may be a need for some change of auxiliary data while core segments of the informed assent bundle will be constant.


Barriers to informed consent

False Expectations — even in the absence of religious impediments or language barriers to thwart communication between the counselor and the patient, still, misunderstandings occur due to the patients’ false expectations of the counseling outcome. Researchers have advanced studies to examine success rates of whether counselors were understood by patients (Besley, 2012).

Religious Influence — the process of informed consent is meant to enable participants have the liberty to make decisions whether to refuse or accept recommended medical treatments. According to research, this form must factor in adverse impacts likely to face patients because of their religious beliefs as they attend counseling sessions. Acquiring full knowledge of approaches involved in the counseling session enables patients to make adequate judgments whether to participate in the counseling session. Counselors are required to consider how the approaches may conflict with rules and policies set by a patient’s religion (Fisher, 2013). Patients’ Rights and Informed Consent Requirements Essay.

Techniques for improving Informed Consent

With the importance of informed consent for conformity to AMA and human rights protection, it is ethical and important to resolve the problems occasioned by the misunderstanding of the data. One method is recommended:

Increasing time for explanation — counselors can use this method to avoid misunderstanding. It requires additional time for one to explain the details of the consent form comprehensively. Studies indicate that counselors can analyze possible areas in their programs where misrepresentation may occur. For instance, in the event of false explanation, counselors… Patients’ Rights and Informed Consent Requirements Essay.