HNS Policy
Prior to initiating treatment for any condition, informed consent must be obtained from the patient and evidenced in writing.
HNS Network Physicians must utilize a written informed consent form, and the form must be dated and signed by the patient (or legal guardian) and maintained as part of the healthcare record. However, because of the fact-specific nature of the informed consent process, HNS does not endorse nor offer opinions as to the sufficiency of a physician's overall informed consent process, including, but not limited to, the substance of any informed consent form used in that process.
Overall, HNS Network Physicians should keep in mind that informed consent is a process, which may or may not be satisfied with a written form. Importantly, a signed written consent form is not a valid substitute for, nor does it replace, a discussion between doctor and patient. Ultimately, it is the doctor's responsibility to make sure the patient is properly informed, understands, and consents to the treatment to be provided.
Generally, informed consent arises from the principle that a patient has the right to exercise control over his or her body by making an informed decision concerning whether to consent to a particular course of treatment or procedure. A patient also has the right to withdraw consent at any time.
For a patient to truly consent, it is generally held that they should know and completely understand the following:
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Nature of their condition;
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Nature of the treatment to be rendered;
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All material risks attendant to that treatment;
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The possibility of an occurrence of said risks;
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Alternative treatment available and the risks attendant to those treatments; and,
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The consequences of allowing the condition to remain untreated.
Even though the principles above have been generally accepted throughout the United States, it is up to each individual state to define the necessary elements to establish informed consent within their jurisdiction.
As such, considering all factors involved in the informed consent process, HNS recommends that HNS Network Physicians contact attorneys who practice healthcare-related law in their state to obtain guidance concerning the informed consent process used in his/her practice, including, but not limited to, what specific information to include in the informed consent form.
HNS does make available sample informed consent language on the HNS Website under "HNS Forms", which HNS Network Physicians and their counsel may consider should they choose to do so.
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