EMR- Federal and State Laws for Informed Consent in Emergency Situation

EMR- Federal and State Laws for Informed Consent in Emergency Situation

Introduction

The common laws in United States have recognized that each person who is adult and has sound mental condition has been given the right for the determination of what shall be carried out with his/er body. In the beginning, the right used to be defined as the right of an individual to be prevented from unwanted body invasions, as the person could not be touched devoid of his/her permission. This led to a situation where the person who had not ;provided a consent for touching for a medical treatment was taken into consideration for a cause of action against the healthcare professional for battery (Murer, et al., 2011). Therefore, it became the duty of healthcare professional to get an informed consent from the patient for medical treatments which have been recognized by the statute laws in most of the states. These statutes limit the scoped of malpractices in medical treatments on the basis of lack of informed consent and in the patient's bill of right in the hospital (Sanbar, 2007).

In this paper we will discuss the current statues and laws for informed consent for electronic health record for medical treatment in the situation of emergency. Furthermore, we will discuss that what it takes as far as guidelines, rules, and laws to give consent when there are emergency situations regarding healthcare

Discussion

In majority of states, the medical malpractices provision enacted identify informed consent as a negative feature, it exhibits that lack of informed consents has following meanings:

The failure of healthcare professional to provide a reasonable answer to any query of the patient regarding the anticipated risks and advantages.

The failure of an individual providing medical treatment or diagnoses for the disclosure to the patients such substitutes and reasonably anticipated threats and benefits associated with a reasonable healthcare professional under same situations would have revealed in such a way which allow the patients to evaluate with knowledge.

The patient Bill of tight in the hospital is the provision of affirmative right to the patient for obtaining from the healthcare professional who coordinate his/her care, current and complete knowledge related to the diagnosis, medical treatments and any identified prognosis that can enable the patient to comprehend the situation. It is the right of a patient except for the emergency situations to obtain the information from the healthcare professional which is essential to provide informed consent before the treatment starts. They should know the anticipated risks involved in the treatment and possible duration of incompetency and medically essential substitutes.

Cases of Battery

When a healthcare professional treats or operates a person without any consent, the patient can cause the actions of battery, which is an intentional invasion of action which led to harm. When the patient has provided an informed consent but the healthcare professional fails to meet the standards of the consent, the patient can claim for malpractice for failure in the provision of the ...