She began her work career as an elementary school teacher in New York City and later attended Queensborough Community College for her associate degree in nursing. The concept of ‘person-centred care’ is widely cited in the literature and applied in nursing practice. It is often simply one more hoop to jump through so that the patient can get the care he or she needs. Autonomy recognises an individual’s right to make choices on matters relating to themselves, unrestricted by factors – such as controls imposed by others or lack of information – that would limit the freedom of their choice (Beauchamp and Childress, 2012). Practitioners will be deemed negligent if they fail to give patients the information they need to decide whether they want to accept the risks that a particular treatment may present (Montgomery [2015]). She sued the NHS trust, arguing that she should have been advised of the risks of vaginal delivery and that, if she had been aware of those risks, she would have opted for an elective Caesarean section. When this case was first heard, the Scottish Court of Session followed the approach taken in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] AC 871 and concluded there was insufficient risk of significant harm to Mrs Montgomery to warrant a warning. But it’s not so well understood that informed consent is needed for everything we do with and to patients/clients, even the relatively ‘small’ things like taking a temperature or a blood pressure. ABSTRACT: Before surger y, the informed consent process is the practical application of shared decision making between a surgeon and a patient. Eye9 Design, Principles of Informed Consent in Healthcare, Informed Consent Process & Documentation here. 0000009421 00000 n Informed consent is defined as the patient's choice to have a treatment or procedure which is based on their full understanding of the treatment or procedure, its benefits, its risks, and any alternatives to the particular treatment or procedure. The Montgomery case: implications for practice. By ‘informed’ we mean that the patient/client understands exactly what is going to happen because you or a senior colleague have explained it in a way that he or she can easily understand. The legal issue that healthcare professionals have to concern themselves with most is malpractice. 0000002098 00000 n Discussing or resolving the other problem will often mean that consent for the original procedure is granted. Nurses know they must have their patients’ informed consent before giving any form of care or treatment but they may not be fully aware of the legal basis behind this and the implications of not doing so. Sign in or Register a new account to join the discussion. Individuals are supported, facilitated and enabled to contribute to their care through shared decision making, equality of communication and mutual respect” (Mitchell and Agnelli, 2015). Some of the key legal principles of the NMC Code are highlighted in Box 1. Mrs Montgomery, who had type 1 diabetes, was expecting her first baby; a pre-natal assessment indicated that the baby would be large. Wandai Maposa, haemophilia lead clinical nurse specialist at St George’s Hospital…, Please remember that the submission of any material is governed by our, EMAP Publishing Limited Company number 7880758 (England & Wales) Registered address: 7th Floor, Vantage London, Great West Road, Brentford, United Kingdom, TW8 9AG, We use cookies to personalize and improve your experience on our site. 0000044914 00000 n Intentional rounding, or checking on patients at... Yvonne Pywell praises Paula Lawrence’s devotion to her... Be part of the UK’s largest nursing union, Promoting person-centred care and patient safety, Intentional rounding: Assessing the evidence, Calm, capable and compassionate HCA helped me through severe depression, the patient saying ‘yes’ or something similar (‘all right’, ‘OK’, etc.). Medical-Legal Issues, Thus, the disclosure of a history of or current substance abuse, disciplinary actions against licensure, failure rate with the procedure, etc., are not normally required to obtain the patient’s informed consent, although this too can vary by state law.
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