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Patient Consent for Surgery

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Understanding

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The patient's comprehension of the information given to them regarding the medical procedure, which is a pre-requisite for informed consent.

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Advance Directive

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A legal document in which a person spells out their decisions about end-of-life care ahead of time, which may guide consent if the person becomes unable to make decisions.

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Proxy Consent

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Consent for medical procedures made by another person on behalf of the patient, who is usually a legally authorized representative or next-of-kin, often used if the patient is incapacitated.

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Legally Authorized Representative (LAR)

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An individual or judicial or other body authorized under applicable law to consent on behalf of a prospective participant to the participant's participation in the procedure involved.

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Emergency Doctrine

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A provision where consent is presumed in the case of life-threatening emergencies where immediate medical care is required and the patient is incapable of giving consent.

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Autonomy

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The right of patients to make decisions about their medical care without their healthcare provider trying to influence the decision; respecting the patient's rights to make decisions about their own body.

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Decision-Making Capacity

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A patient's ability to understand the significant benefits, risks, and alternatives to proposed healthcare and to make and communicate a healthcare decision.

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Mature Minor Doctrine

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A legal principle that allows for minors who are deemed mature enough by a healthcare provider to provide their own consent for medical procedures, in recognition of their competence and autonomy.

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General Consent

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A broad authorization signed by a patient that permits a healthcare facility to provide general treatment, which may not cover specific, more invasive procedures.

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Competence

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A legal determination that a patient is able to understand the information presented to them and can appreciate the consequences of their decisions.

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Disclosure

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The obligation of a healthcare provider to provide all relevant information to the patient, including risks, benefits, alternatives, and the possibility of no treatment, to facilitate informed consent.

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Therapeutic Privilege

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An exception to the full disclosure requirement, where a physician may withhold information if disclosing it would pose a serious psychological threat, potentially harming the patient.

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Informed Consent

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A process by which a patient voluntarily confirms their wish to undergo a particular procedure, after having been informed of all potential risks, benefits, alternatives, and consequences of not having the procedure.

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Right to Withdraw

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The patient's privilege to withdraw consent, and thus refuse to continue with medical procedures at any point before or during the surgery.

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Capacity

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A patient's legal and cognitive ability to process information and make decisions regarding their own medical care.

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Assent

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A term used to describe the need to obtain consent from individuals who do not have the capacity to provide informed consent (e.g., children or cognitively impaired patients), which involves their participation in the decision-making process to the extent of their capabilities.

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Voluntariness

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The principle that the patient's decision to consent to or refuse a medical intervention should be made freely, without force, coercion, manipulation, or undue influence.

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Expressed Consent

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An explicit authorization provided verbally or in writing by the patient for a medical procedure after full disclosure of the risks, benefits, and alternatives.

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Incapacity

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A state in which a patient is unable to understand or make a reasoned decision about their healthcare due to mental or physical impairment.

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Implied Consent

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Consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation or in emergencies.

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