Legal Considerations of Medical Informed Consent
The Washington Post, September 3, 2017 article serves as our introduction and backdrop: The videotaped arrest of a nurse at a Salt Lake City hospital — after she told police, correctly, that they weren’t allowed to draw blood from an unconscious patient — has been roundly condemned by national nursing organizations, Utah officials and even the local police department.
The July 26 incident, captured by an officer’s body camera, was made public last week after the nurse came forward. Since then, several groups have echoed the nurse’s outrage, calling for greater consequences for the police detective in question and demanding increased awareness of patient-consent laws.
TITLE: THE LEGAL CONSIDERATIONS OF MEDICAL INFORMED CONSENT
PRESENTED BY RICHARD BAYS, JD, MBA, RN, CPHQ; RICHARD BAYS CONSULTING
Richard Bays, JD, MBA, RN, CPHQ has served in numerous capacities in the healthcare field ranging from hands on clinical services, administrative and regional operations. His experience includes ambulatory surgery center bill & policy consultation, medical- legal consulting for healthcare attorney groups and oversight of accreditation, licensure and regulatory compliance programs.
In the state of Texas, Mr. Bays has implemented quality assurance tracking programs for the City of Austin, developed and taught educational programs for the Texas State Department of Health Services, and served as an advisory committee member on several healthcare House and Senate bills. Mr. Bays also has experience in performance improvement and quality program reporting for federal reimbursement and with financial analysis for health insurance plan negotiations.
DESCRIPTION:
The Washington Post, September 3, 2017 article serves as our introduction and backdrop: The videotaped arrest of a nurse at a Salt Lake City hospital — after she told police, correctly, that they weren’t allowed to draw blood from an unconscious patient — has been roundly condemned by national nursing organizations, Utah officials and even the local police department.
The July 26 incident, captured by an officer’s body camera, was made public last week after the nurse came forward. Since then, several groups have echoed the nurse’s outrage, calling for greater consequences for the police detective in question and demanding increased awareness of patient-consent laws.
Richard Bays brings to our attention that there are many questions that need to be answered about medical informed consent and what does the law say about this subject that obviously the Salt Lake City police officer failed to recognize in this article.
LEARNING OBJECTIVES:
- What is Informed Consent?
- Capacity & Barriers
- Setting Differences
- Types of Consent
- Documentation – Requirements & Recommendations
- Patient Safety Issues
- Battery-Malpractice Concerns
OTHER HANDOUTS & DOCUMENTS PERTINENT TO THIS PRESENTATION:
- Collaborating with Law Enforcement
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