Frequently asked questions on patient rights

FAQ

Q. May a patient revoke his or her consent for a procedure once it is given?
A. Absolutely. A patient has the right to revoke his or her consent at any time. If a patient revokes consent in the middle of a procedure, the procedure should be terminated as soon as safely possible, and the patient's termination of consent should be recorded in the medical record.
 
Q. May a patient or a patient's family revoke a DNR order?
A. Usually. The patient can always revoke his or her own DNR order. Members of the immediate family or other surrogates may be able to revoke a DNR order (if the patient is unable to participate in decision-making) depending on the situation. Advice from the Office of Risk Management is critical in situations such as this.
 
Q. Is consent obtained over the telephone from a guardian adequate when treating patients unable to consent for themselves?
A. Yes, but is definitely preferable to obtain consent in person. If it is necessary to obtain consent over the phone, the conversation should be witnessed (listened in on) by another healthcare professional, and the substance of the conversation should be recorded in the chart. The witness should cosign the note.
 
Q. For how long is a consent form valid?
A. At Yale-New Haven Hospital, a surgical consent for is valid for 30 days.
 
Q. What are the most important things to cover in informed consent?
A.

• The disease which is to be treated.
• The proposed treatment or procedure.
• The potential risks (including death, serious disability or those outcomes which would be particularly concerning to the patient), benefits and side effects of the procedure or treatment proposed.
• The risks and benefits of any alternative treatments or procedures (including no treatment).

Q. If I forget to obtain consent prior to sedating a patient, is it better to wait until after the procedure to obtain consent or to consent him or her while sedated?
A. Obtaining consent after a procedure should never be done. Either a procedure can be done without consent (because it is an emergency, etc.) or consent must be obtained prior to the procedure. If a patient is sedated prior to surgery, but is awake, alert, appropriate and aware, it may be acceptable to obtain consent (and document on the consent form in the record that patient was awake, alert, etc.) Consent after premedication or sedation is much less preferable to obtaining consent while the patient is fully awake!