Informed Consent
Informed Consent
Informed Consent:
Case 1 Discussion
This patient's underlying disease is impairing her decision-making capacity. If her wishes are
consistent during her lucid periods, this choice may be considered her real preference and
followed accordingly. However, as her decision-making capacity is questionable, getting a
surrogate decision maker involved can help determine what her real wishes are.
Informed Consent:
Case 2
A 55-year-old man has a 3-month history of chest pain and fainting spells. You feel
his symptoms merit cardiac catheterization. You explain the risks and potential
benefits to him, and include your assessment of his likely prognosis without the
intervention. He is able to demonstrate that he understands all of this, but refuses
the intervention.
Can he do that, legally? Should you leave it at that?
Informed Consent:
Case 2 Discussion
This patient understands what is at stake with his treatment refusal. As he is
competent to make this decision, you have a duty to respect his choice.
However, you should also be sure to explore his reasons for refusing
treatment and continue to discuss your recommendations. A treatment
refusal should be honored, but it should also not be treated as the end of a
discussion.
PHILIPPINE MEDICAL ASSOCIATION
North Avenue, Quezon City
PHILIPPINE MEDICAL ASSOCIATION DECLARATION
ON
THE RIGHTS AND OBLIGATIONS OF THE PATIENT
INTRODUCTION
The time honored relationship between Filipino physicians, their patients and the community has undergone significant changes in recent times. The physician
should always act according to his conscience, for the best interest of the patient, and must exert equal effort to guarantee patient autonomy, justice and
participation in the decision making. The following Declaration represents some of the principal rights and obligations of the patient which the medical
profession endorses and promotes, Physicians and other persons or bodies involved in the provision of health care have a joint responsibility to recognize and
uphold these rights. Whenever legislation, government action or any other administration or institution denies patients these rights, physicians should pursue
appropriate means to assure or to restore them. On the other hand, legislating these rights will erode the basic foundation that welds the patients and the
physicians together trust and respect, running counter to the best interests of the patients.
RIGHTS
1. Right to Good Quality Health Care and Humane Treatment
a.
Every person has a right to good quality health care without any discrimination and within the limits of the resources available for health and medical care.
b.
In the course of such care, his human dignity, culture, convictions and integrity shall be respected.
c.
If the patient has to wait for care, he shall be informed by the health professionals of the reason for the delay.
d.
The patient shall always be treated in accordance with his best interests. The treatment applied shall be in accordance with generally accepted medical
principles.
e.
The patient has the right of continuity of health care.
f.
An emergency patient who is immediate threat of dying or losing life or limb shall be extended immediate medical care and treatment without any pecuniary
consideration until the emergency situation is over.
2. Right to Dignity
a.
The patient's dignity, culture and value shall be respected at all times in medical care and teaching.
b.
Terminal ill patients are entitled to humane terminal care to make dying asdignified and comfortable as possible.
1)
If a patient is a minor or legally incompetent the consent of a legally representative is required. Nevertheless the
patient must be involved in the decision making to the fullest extent allowed by his mental capacity.
A patient, who is eighteen years of age and above, shall be considered, for purposes of this declaration, to be of
legal age.
2)
If the legally incompetent patient can make rational decisions, his decisions must be respected, and he has the
right to forbid the disclosure of information to his legally representative.
3)
If the patient's legal representative, forbids treatment but, in the opinion of the physician contrary to the patient's
best interest, the physician may challenge this decision in court. In case of emergency, the physician will act in
the patient's best interest.
e.
In case of emergency, when there is no one who can give consent in his behalf, the physician can perform any emergency diagnostic or treatment procedure
in the best interests of the patient.
a.
All identifiable information about a patient's health status, medical condition, diagnosis, prognosis and treatment and all other information of a personal kind,
must be kept confidential, even after death. Except, in cases when descendants may have a right of access to information that would inform them of their
health risks.
b.
All identifiable patient data must be protected. The protection of the data must be appropriate as to the manner of its storage. Human substance from which
identifiable data can be derived must be likewise protected.
c.
Confidential information can be disclosed in the following cases:
(1)
when his mental or physical condition is in controversy in a court litigation and the court in its discretion orders
him to submit to physical or mental examination by a physician;
(2)
when the public health and safety so demand;
(3)
when the patient or, in his incapacity, his legal representative expressly gives the consent;
(4)
when his medical or surgical condition, without revealing his identity, is discussed in a medical or scientific
forum for expert discussion for his benefit or for the advancement of science and medicine.
(5)
when it is otherwise required by law.
The patient or his legal representative, has the right to be informed by the physician or his delegate of his continuing health care requirements following
discharge, including instructions about home medications, diet, physical activity and all other pertinent information.
1.
Right to Health The patient has the right to access quality health care and to physicians who are
free to render clinical and ethical judgment without interference or outside pressure. The patient has the
right to regain and/or acquire the highest attainable standard of health, in a non- discriminatory, gender
sensitive, and equal manner, which health authorities and health practitioner must progressively contribute
to realize.
2.
Right to Access to Quality Public Health Care The patient has a right from the
national and local government a comprehensive and integrated health care delivery system, providing the
necessary manpower and facility resources. The patient has the right to functioning public health and health
care facilities, goods and services and programs needed and sufficient quantity. They shall likewise be
provided with health facilities and services with adequate provision of essential drugs, regular screening
program, appropriate treatment of prevalent diseases, illnesses, injuries and disabilities, including provision
of public health insurance. Towards this end, the government shall approximate the international standard
allocation for the health sector as set by the World Health Organization.
3.
Right to Healthy and Safe Workplace The patient has the right to a healthy natural
workplace environment with adequate supply of safe and potable water and basic sanitation, industrial
hygiene, prevention and reduction of exposure to harmful substances, preventive measures for
occupational accidents and diseases, and an environment that discourages abuse of alcohol, tobacco use,
drug use and other harmful substances.
4.
Right to Medical and Education Information and Programs the patient has the
right to prevention, medical information and education programs on immunization, prevention, treatment
and control of diseases, behavior-related concerns, and disaster relief and emergency situations during
epidemics and similar health hazards. The government shall endeavor to provide these information through
lectures, symposia, tri-media, posters and the like.
5.
Right to Participate in Policy Decisions the patient has the right to participate in policy
decisions relating to patient's right to health at the community and national levels.
6.
Right to Access to Health Facilities
The patient has the right to be admitted to any primary, secondary, tertiary and other specialty hospitals
when appropriate and necessary.
7.
Right to Equitable and Economic Use of Resources
The patient has the right to demand that government health facility resources must be equitably distributed
in all regions of the country.
8.
Right to Continuing Health Care
The patient has the right from the national and local government programs to ensure continuity of care in
the form of hospice care, rehabilitation, chemotherapy, and radiotherapy and similar modalities.
9.
Right to Be Provided Quality Health Care in Times of Insolvency
The patients who are paupers have the right from the national and local government provisions for quality
medical care in spite of insolvency. The national and local government must provide for a system of
payment to health care facilities and providers for all the valid and necessary medical expenses of their
poor and marginalized citizens.
Declaration of Obligations
The Obligation of Patients Patients shall at all times fulfill their obligations and responsibilities regarding medical care and their personal
behavior.
1.
Obligation to Know Rights the patient shall ensure that he/she knows and understands what
the patients' rights are and shall exercise those rights responsibly and reasonably.
Bacterial sepsis
1: 12,000 to 77,000
Haemolytic reactions: Delayed
1:2,500 to 11,000
1: 20,000 to 50,000
Fluid overload/cardiac failure
1: 5,000 to 190,000
Rare
Window period
(Days)
5.6
HCV (antibody + RNA)
3.1
HBV (Antibody + NAT)
23.9
HTLV I & II (antibody)
51
Variant Creutzfeldt-Jakob Disease (vCJD)
[No testing]
Malaria (antibody)
7-14
Notes: vCJD=variant Creutzfeldt-Jakob Disease; (a) The risk estimates for HIV, HCV, HBV are based on
Blood Service data from 1 January 2007 to 31 December 2009. The risk estimate for HTLV 1/2 is based
on data from 1 January 2004 to 31 December 2009.
Reference: ARCBS Blood Component Information Booklet 2012.
Negligible
Minimal
Very low
Low
High
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