The moral and inviolable power vested in him as aperson to do, hold, or demand something as his own.
Every right in one individual involves a correspondingduty in others to respect this right and not violate it.
RIGHT TO INFORMED CONSENTInformed consent refers to the knowledge orinformation about and the consent to particularform of medical treatment.
RIGHT TO INFORMED DECISIONInformed decision refers to the necessaryinformation of and decision on a medicaltreatment before and latter is carried out.
RIGHT TO INFORMED CHOICEInformed choice refers to the necessary informationa patient should know about a medical treatmentor experiment so that a moral choice can be made.
INFORMED CONSENTthe information and agreement or disagreementINFORMED DECISIONthe information and the decision madeINFORMED CHOICEthe information and choice taken fromamong several alternatives
COMPETENCEOne is considered competent when:• one has made a decision• one has the capacity to justify one’s choice• one does not only justify one’s choice but doesso in a reasonable manner
DISCLOSUREThe disclosure information must be conducted insuch a way that the patient understands the wholeprocess and is aware of the possibleoutcomes of his/her moral choice.
COMPREHENSIONIf the patient does not understand what he/shehas been told, then information has notbeen relayed at all.
VOLUNTARINESSThe patient must make a choice without beingunduly pressured by anyone else.
RIGHT TO REFUSAL OF TREATMENTThe patient has the right to refuse treatment to theextent permitted by law and to be informed of themedical consequences of his action.Patient’s Bill of RightsInvasion of a person’s body without valid consent isan assault, and is subjected to legal sanctions.
• Patients’ rights do not include the right to be allowedto die.• A patient in a moribund condition does not possessthe necessary mental or emotional stability to makean informed choice.• Patient’s rights are not absolute.
In emergency cases, the following types of patientsneed not require informed consent:• comatose or obtunded patients• blind or illiterate patients• under aged patients or those unable tounderstand the circumstances• language-barrier patients
1. The patient has the right to considerate and respectfulcare.2. The patient has the right to and is encouraged toobtain from physicians and other direct caregiversrelevant, current, and understandable informationconcerning diagnosis, treatment, and prognosis.3. The patient has the right to make decisions about theplan of care prior to and during the course oftreatment and to refuse a recommended treatment orplan of care to the extent permitted by law andhospital policy and to be informed of the medicalconsequences of this action.
4. The patient has the right to have an advancedirective concerning treatment or designating asurrogate decision maker with the expectation thatthe hospital will honor the intent of that directive tothe extent permitted by law and hospital policy.5. The patient has the right to every consideration ofprivacy. Case discussion, consultation,examination, and treatment should be conductedso as to protect each patients privacy.
6. The patient has the right to expect that allcommunications and records pertaining to his/hercare will be treated as confidential by the hospital,except in cases such as suspected abuse andpublic health hazards when reporting is permittedor required by law. The patient has the right toexpect that the hospital will emphasize theconfidentiality of this information when it releases itto any other parties entitled to review informationin these records.
7. The patient has the right to review the recordspertaining to his/her medical care and to have theinformation explained or interpreted as necessary,except when restricted by law.8. The patient has the right to ask and be informed ofthe existence of business relationships among thehospital, educational institutions, other health careproviders, or payers that may influence thepatients treatment and care.
9. The patient has the right to expect that, within itscapacity and policies, a hospital will makereasonable response to the request of a patient forappropriate and medically indicated care andservices.10.The patient has the right to consent to or decline toparticipate in proposed research studies or humanexperimentation affecting care and treatment orrequiring direct patient involvement, and to havethose studies fully explained prior to consent.
11.The patient has the right to expect reasonablecontinuity of care when appropriate and to beinformed by physicians and other caregivers ofavailable and realistic patient care options whenhospital care is no longer appropriate.12.The patient has the right to be informed of hospitalpolicies and practices that relate to patient care,treatment, and responsibilities.
NATURAL LAW ETHICSShould a patient decide to give his/her consent, itmust be given freely and not the consequence ofintimidation, deception or coercion.
KANT’S ETHICAL PRINCIPLEWe must always be treated as ends and neveronly as means, patients must not be deceivedby their physicians, no matter how goodtheir intentions may be.
UTILITARIANISM PRINCIPLE OF UTILITYHealthcare professionals are required to designmedical treatment in a way that minimizessuffering and harm.
RAWLS’S PRINCIPLE OF JUSTICEMedical treatments and experiments are not allowedthat violates freedom which a patient is entitled to byvirtue of being a member of society.
We hold theses truths to be self evident, that all menare created equal; that they are endowed by theirCreator with certain unalienable rights; that amongthese are life, liberty and the pursuit of happiness.Thomas Jefferson