18.2 Consent and confidentiality in emergency care

Consent and confidentiality are crucial in emergency care. First responders must navigate the complexities of obtaining proper consent while respecting patient privacy. Understanding different types of consent and capacity is essential for ethical and legal practice.

HIPAA regulations protect patient information, requiring careful handling of medical records. Special considerations apply to minors and those with impaired capacity. Balancing the need for immediate care with legal and ethical obligations is a key challenge in emergency situations.

Consent Types and Capacity

Informed Consent and Capacity

Top images from around the web for Informed Consent and Capacity

• 

  Frontiers | When Your Doctor “Gets It” and “Gets You”: The Critical Role of Competence and ... View original

  Is this image relevant?

• 

  Frontiers | Competence to Consent and Its Relationship With Cognitive Function in Patients With ... View original

  Is this image relevant?

• 

  Frontiers | When Your Doctor “Gets It” and “Gets You”: The Critical Role of Competence and ... View original

  Is this image relevant?

• 

  Frontiers | Competence to Consent and Its Relationship With Cognitive Function in Patients With ... View original

  Is this image relevant?

1 of 2

Top images from around the web for Informed Consent and Capacity

• 

  Frontiers | When Your Doctor “Gets It” and “Gets You”: The Critical Role of Competence and ... View original

  Is this image relevant?

• 

  Frontiers | Competence to Consent and Its Relationship With Cognitive Function in Patients With ... View original

  Is this image relevant?

• 

  Frontiers | When Your Doctor “Gets It” and “Gets You”: The Critical Role of Competence and ... View original

  Is this image relevant?

• 

  Frontiers | Competence to Consent and Its Relationship With Cognitive Function in Patients With ... View original

  Is this image relevant?

1 of 2

• Informed consent involves providing a patient with all relevant information about their condition, treatment options, and potential risks and benefits so they can make an informed decision
• Requires the patient to have the capacity to understand the information provided and make a rational decision based on that information
• Capacity to consent means the patient is mentally competent, alert, and able to comprehend the situation and potential consequences of their decision
• Factors that may affect capacity include age, mental impairment, intoxication, or severe illness or injury

Types of Consent

• Implied consent assumes a patient would agree to emergency treatment if they were able to (unconscious patient)
• Expressed consent is given verbally or in writing by a patient with capacity after being informed about the treatment
• Written expressed consent is typically required for invasive procedures or those with significant risk (surgery)
• Verbal expressed consent may be sufficient for less invasive treatments (wound cleaning)

Refusal of Care

• Patients with capacity have the right to refuse medical treatment, even if it may result in harm or death
• Refusal of care must be informed, meaning the patient understands the potential consequences of refusing treatment
• If a patient refuses care, first responders should clearly document the refusal and have the patient sign a refusal of care form when possible
• In some cases, if the patient lacks capacity or is a danger to themselves or others, medical treatment may be provided despite refusal (mental health crisis, suicidal intent)

Confidentiality and Privacy

HIPAA and Patient Privacy

• HIPAA (Health Insurance Portability and Accountability Act) is a federal law that sets standards for protecting patient health information
• Requires healthcare providers to maintain confidentiality of patient information and obtain consent before disclosing it to others
• Patient privacy extends to all forms of communication, including verbal discussions, written records, and electronic transmissions
• Breaching patient confidentiality can result in legal and professional consequences for healthcare providers

Medical Records and Disclosure

• Medical records include documentation of patient assessments, treatments, and communications
• Must be kept secure and confidential, with access limited to authorized personnel for legitimate purposes
• Disclosure of patient information is only permitted in specific circumstances, such as when required by law (reporting child abuse) or with the patient's express consent
• Patients have the right to access their own medical records and request corrections if needed
• First responders should avoid discussing patient information in public areas or with unauthorized individuals (bystanders at a scene)

Special Considerations

Minors and Consent

• Minors are typically defined as individuals under the age of 18, though this varies by state and situation
• In general, minors cannot provide informed consent for medical treatment and require consent from a parent or legal guardian
• Exceptions may include emancipated minors (legally independent from parents) or specific situations outlined by state law (treatment for STDs, substance abuse, or mental health)
• In emergency situations where a parent or guardian is not available, implied consent allows for providing necessary treatment to a minor
• When possible, first responders should attempt to contact a parent or guardian to obtain informed consent for treating a minor patient