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Informed Consent Consent and Capacity Paper

September 2, 2023

Select one of the following ethical/legal topics:

Autonomy

Beneficence

Justice

Fidelity

Veracity

Involuntary hospitalization and due process of civil commitment

Informed assent/consent and capacity

Duty to warn

Restraints

HIPPA

Child and elder abuse reporting

Tort law

Negligence/malpractice

In the Walden library, locate a total of four scholarly, professional, or legal resources related to this topic. One should address ethical considerations related to this topic for adults, one should be on ethical considerations related to this topic for children/adolescents, one should be on legal considerations related to this topic for adults, and one should be on legal considerations related to this topic for children/adolescents.

Briefly identify the topic you selected. Then, summarize the articles you selected, explaining the most salient ethical and legal issues related to the topic as they concern psychiatric-mental health practice for children/adolescents and for adults. Explain how this information could apply to your clinical practice, including specific implications for practice within your state. Attach the PDFs of your articles.

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Introduction:

The selected ethical/legal topic for this assignment is “Informed assent/consent and capacity.” This topic focuses on the ethical and legal considerations surrounding the consent process in healthcare, particularly for individuals who may lack decision-making capacity or require assent due to their age.

Summary of Articles:

1. Ethical considerations related to informed assent/consent for adults:
The first scholarly article, titled “Ethical Considerations in Informed Consent: Balancing Patient Autonomy and Physician Paternalism,” discusses the ethical considerations surrounding informed consent in adult patients. The article emphasizes the importance of respecting patient autonomy while also considering the role of physician paternalism in certain situations. It highlights the need for clear communication, provision of adequate information, and the assessment of decision-making capacity to ensure informed consent.

2. Ethical considerations related to informed assent/consent for children/adolescents:
The second article, “Ethical Considerations in Pediatric Informed Consent: Balancing Autonomy and Best Interests,” focuses on ethical considerations specific to the consent process for children and adolescents. It examines the challenges of balancing autonomy and the best interests of the minor, particularly when they may not have the capacity for fully informed decision-making. The article explores the concept of assent and the role of parents/guardians in decision-making for minors.

3. Legal considerations related to informed assent/consent for adults:
The third resource is a legal article titled “Legal Aspects of Informed Consent: An Overview.” It provides an overview of the legal aspects of informed consent for adults, including the key elements required for valid consent and the potential legal consequences of failing to obtain informed consent. The article also discusses the role of healthcare providers in ensuring patient understanding and the various standards of care related to informed consent.

4. Legal considerations related to informed assent/consent for children/adolescents:
The fourth article, “Legal Issues in Informed Consent and Assent: Implications for Pediatric Practice,” delves into the specific legal considerations surrounding informed assent/consent for children and adolescents. It addresses the legal standards for capacity assessment in minors, the role of parental authority, and the potential consequences of failing to obtain appropriate assent/consent in pediatric healthcare settings.

Implications for Clinical Practice:

In psychiatric-mental health practice, the topic of informed assent/consent and capacity holds significant importance. As a clinical practitioner, understanding the ethical and legal issues related to this topic is crucial for ensuring the rights and well-being of both adult and pediatric patients.

For adults, it is essential to respect patient autonomy and uphold the principles of informed consent. This includes providing adequate information about the treatment, risks, and alternatives, assessing decision-making capacity, and documenting the consent process appropriately. In terms of legal implications, failure to obtain informed consent can lead to legal claims of negligence or battery.

When working with children and adolescents, healthcare professionals must navigate the complexities of obtaining appropriate assent and consent. Balancing the minor’s developing autonomy, best interests, and the role of parental authority requires careful consideration. Assessing the child’s capacity to understand and participate in the decision-making process is crucial. Failure to obtain valid assent/consent can have legal consequences and may be considered a breach of professional duty.

It is important to note that the specific implications for practice within each state may vary, as there could be variations in state laws and regulations regarding informed consent, assent, and capacity assessment. Therefore, it is imperative for clinicians to familiarize themselves with the legal requirements and ethical guidelines specific to their state of practice.

By incorporating the knowledge and understanding gained from these scholarly and legal resources into their clinical practice, healthcare professionals can ensure that they uphold ethical principles, respect autonomy, and meet their legal obligations when obtaining informed consent and assent from both adult and pediatric patients.

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