THE DOCTRINE OF INFROMED CONSENT/REFUSAL
VOTE THIS POPULAR TO ALLOW MORE WOMEN TO KNOW THERE RIGHTS!
By LAW, you have the right to refuse any medical procedure, test, or drug!UPHELD BY:
Common Law
Case Law
Constitutional Law - The right to privacy and self-determination protected by the 1st and 14th Amendments.
Federal Law - The Emergency Medical Treatment and Active Labor Act and The Patient Self-Determination Act.
International Tort Law - Sometimes sited by US Law.
State Law
State Mandated Medical Ethics
The Ethical Guidelines of the American Medical Association (AMA)
The American College of Obstetricians and Gynecologist (AGOG)
The DOCTRINE OF INFORMED CONSENT/REFUSAL upheld by these laws provides that all patients, pregnant or not, with certain fundamental rights.
The right to exercise self-determination and autonomy in making all medical decisions, including the decision to refuse treatment.
The right to bodily integrity; any form of non-consensual touching or treatment that occurs in a medical setting constitutes battery.
The right to be provided with the necessary information on which to base medial decisions, including a diagnosis; recommended treatments and alternatives: the risk, benefits, discomforts, and potential disabilities of proposed medical treatments: realistic expectation of outcomes.
The right to a second opinion, and any financial or research interest a physician may have in proposing certain treatments.
The right to be informed of any potentially life threatening consequences of a proposed treatment, even if the likelihood of experiencing such and outcome is rare.
The right to make medical decisions free from coercion or undue influence from physician.
The right to have informed medical decisions witnessed, signed and documented by the attending physician and another adult.
THE RIGHT TO REVOKE CONSENT TO TREATMENT AT ANY TIME, EITHER VERBALLY OR IN WRITING.
The only exceptions to these rights occur when a patient is an immediately life-threatening situation that demands treatment to preserve his/her life.
Questions to ask when asked to give informed consent to a medical procedure, test, or drug.
What is the problem?
What are the symptoms, or test results that are causing concern? Could this be normal (example: low ammonic fluid)?
What is the most likely cause? Are their any other possible causes?
Why does my baby, or why do I need this need this drug or procedure?
Will my baby or I be healthier for taking the drug or having the procedure or test done? Is this part of a study, a routine, merely for convenience, part of insurance guidelines or true emergency?
What are the known side-effects or liabilities of the drug, test, or procedure?
What are the benefits? What are the side-effects? Will the benefits out way the side-effects?
What test or monitoring will be done? What does these show and
what levels are we looking for? Will your treatment be different once the results are know?
Are their other options ? What is the risk to me and my baby if I don’t take the drug or have the test or procedure done?
I strongly encourage all of you do research anything and everything possible in advance. Knowledge is your best weapon against unjustified, or unnecessary medical treatments and procedures.
YOU CAN MAKE YOUR OWN INFORMED CONSENT/REFUSAL FORMS. MAKE A SEPERATE ONE FOR EACH PROCEDURE YOU ARE REFUSING. IT SHOULD BE INCLUDE THE FOLLOWING:
A statement that you are aware of the risk involved and have decided to go against your doctor/midwife recommendations. And the reasons in which you are against the procedure.
The situations in which you will and will not allow the procedure to be done.(It is highly recommended that you include verified medical studies that support your decision.)
If they go agaist my consent they will be in violation of your rights under EMTALA. A formal complaint will be filed and the hospital and/or care giver can be charged with criminal assault and battery.
Sign it and get it notarized. And have the doctor/midwife sign it. But even if they don't it may still be considered a legal document in the court of law.
THIS IS A PASSAGE TAKEN FROM MY OWN BIRTH PLAN, I HIGHLY RECUMEND THAT EVERY WOMEN HAS THIS SECTION ON THERE BIRTH PLAN AS WELL!!!
MAKE SURE TO REWORD IT TO FIT YOUR SPICIFIC BIRTH PLAN.
INFORMED CONSENT/REFUSAL
We expect our midwife, name(as well as Dr. name and hospital staff, if transferred) to discuss all unknown procedures before they are preformed. This includes the reason they believe it needs to be done, the advantages, and the risk involved with the procedure(s).
I reserve my Federal right to refuse any and all treatment unless me or my child’s life is in immediate danger.
I have included signed and notarized INFORMED CONSENT OF REFUSALS regarding certain medical treatments such as Induction/Augmentation, and Cesarean Sections. All the forms are very precise in stating when these treatments will and when they will not have me or my husband’s consent. If the hospital goes against one or more of my informed refusals, they will be in violation of my rights under EMTALA. A formal complaint will be filed and the hospital and/or care giver will be charged with criminal assault and battery.
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