Informed Consent: The Nurse's Legal Responsibilities
This tutorial considers the legal obligation to obtain valid consent and the general principles that should be applied to any such situation. It clarifies who should obtain consent, the ways in which consent may be given and the criteria for valid consent, including in emergency situations and from minors and people with an intellectual disability or mental incapacity to consent.
A nurse's first duty is to his or her patients/clients and the duty to obtain valid consent falls within all nurses' general duty to take reasonable care of their patients/clients. To fulfil this duty, all nurses need to know their own obligations in terms of consent. However, they also need to know when it may be necessary to question a medical practitioner's decision on consent and how to address situations in which adequate disclosure of information has not been provided to patients or clients.
This tutorial is suitable for all nurses because consent is an integral part of quality care and having effective systems in place for obtaining valid consent will prevent confusion and potential conflict. It is recommended for nurse practitioners in particular because their expanding roles places even greater responsibility on them in terms of the issues surrounding informed consent.
3 CPD hours
3 CNA points
This tutorial considers the legal obligation to obtain valid consent and the general principles that should be applied to any such situation. It clarifies who should obtain consent, the ways in which consent may be given and the criteria for valid consent, including in emergency situations and from minors and people with an intellectual disability or mental incapacity to consent. A nurse's first duty is to his or her patients/clients and the duty to obtain valid consent falls within all nurses' general duty to take reasonable care of their patients/clients. To fulfil this duty, all nurses need to know their own obligations in terms of consent. However, they also need to know when it may be necessary to question a medical practitioner's decision on consent and how to address situations in which adequate disclosure of information has not been provided to patients or clients.
This tutorial is suitable for all nurses because consent is an integral part of quality care and having effective systems in place for obtaining valid consent will prevent confusion and potential conflict. It is recommended for nurse practitioners in particular because their expanding roles places even greater responsibility on them in terms of the issues surrounding informed consent.
Jolan Yik Paal BCom, LLB (Australian National University)
Jolan is a litigation solicitor with extensive experience in acting for plaintiffs in medical negligence matters, including hypoxic births and failure-to-diagnose cases. She has represented professional indemnity insurers in medical negligence matters and health professionals in disciplinary matters. Jolan currently works as in-house counsel for a group of private hospitals in England.
Anita Whitelum RN, LLB; Grad Dip LP; Grad Dip OH&S
Anita is a registered nurse and lawyer. As a registered nurse, Anita worked extensively in the area of palliative care. As a solicitor, Anita has experience in working in the areas of medical negligence and risk minimisation and compliance in health care.
- Have an overview of Australian law regarding consent.
- Understand the importance of obtaining valid consent before performing a medical procedure or treatment.
- Know who should obtain consent, the ways in which consent may be given and the criteria for valid consent.
- Be aware of the duty to obtain consent from minors, people with an intellectual disability or mental incapacity to consent, and in emergency situations.
- Understand the legal position of nurses in situations where patients or clients have not been provided with adequate disclosure.
- Understand the basic requirements for a valid consent form.