Informed Consent: Patient Autonomy and Clinician Beneficence within Health Care

By Stephen Wear | Go to book overview
Save to active project

8
Exceptions to Informed Consent

Following legal developments in the United States, there are certain well-recognized types of situations where informed consent need not be solicited from the patient. The exception based on the incompetence of the patient has already been discussed in the previous chapter. Aside from patient incompetence, there are three other legally sanctioned types of exceptions: (1) in an emergency, when there is insufficient time to pursue an informed consent, at least if one is to avoid significant morbidity and mortality to the patient in the interim; (2) when a competent patient waives the right to an informed consent and consents to what the physician wants to do without further information; and (3) when the physician claims the therapeutic privilege not to inform the patient on the ground that the informing process itself would likely harm the patient in an unacceptable way. We will deal with each of these possible exceptions in this chapter, being particularly concerned to state their sense and justifying conditions as specifically as possible, lest such exceptions come to undermine the rule of gaining informed consent.


THE EMERGENCY EXCEPTION

In general, the emergency exception may be stated as follows: "If informed consent is suspended in an emergency, it should be because the time it would take to make disclosure and obtain patients' decisions would work to the disadvantage of some compelling interest of patients" (Appelbaum, 1987, p. 68). Specifically, an emergency situation that would legitimately justify withholding the attempt to gain an informed consent would involve the following factors: (1) there must be a clear, immediate, and serious threat to life and limb; (2) the

-156-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Informed Consent: Patient Autonomy and Clinician Beneficence within Health Care
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 200

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?