Informed consent

Obtaining consent is the provider's responsibility; the nurse's role is advocacy and witnessing.

ProviderexplainsRisks,benefits,optionsClientdecidesCompetent,voluntaryNurseverifiesUnderstandingNursewitnessesSignatureQuestions?Notifyproviderfirst
Informed consent. In a true emergency, consent may be implied when the client cannot consent and no representative is available, per law and policy.
SituationWho can consent
Competent adultThe client
Adult lacking capacityHealth care agent or legal surrogate, per state law
MinorParent or legal guardian, with exceptions such as emancipated minors and certain services defined by state law
Client medicated with opioids or sedatives before signingConsent may not be valid; notify the provider
Interpreter neededUse a qualified medical interpreter, not family members

A client can withdraw consent at any time, even after signing.

Advance directives and client rights

Advance directives let clients direct their care if they later lose capacity.

Advance directivesLiving willTreatments wanted or refusedHealth care POAAgent makes decisionsDNR / POLSTProvider orders
Advance directives. The Patient Self-Determination Act requires facilities to ask about advance directives and inform clients of their rights.
  • Clients may refuse any treatment, including life-sustaining treatment; the nurse ensures they understand the consequences and documents.
  • Leaving against medical advice: notify the provider, explain risks, ask the client to sign the facility form, and document; the nurse cannot hold a competent client against their will.
  • A do-not-resuscitate order does not mean "do not treat"; all other care continues.

Confidentiality, documentation, and torts

Most legal errors on the exam involve privacy, documentation, or touching or restraining a client without justification.

TermMeaningExample
Negligence/malpracticeDuty, breach, causation, and harmFailing to report a critical lab that leads to injury
AssaultThreat of harmful contactThreatening to restrain a client who refuses medication
BatteryTouching without consentGiving an injection the client refused
False imprisonmentUnjustified restraint or confinementRestraining a competent client to prevent discharge
Breach of confidentialityUnauthorized disclosureDiscussing a client in an elevator or on social media

HIPAA permits sharing information for treatment and certain required purposes; otherwise, the client's authorization is needed.

DoChart objective facts promptlyLabel late entries as lateCorrect with one line, date, initials(or per EHR policy)Document client teaching and responseComplete an incident report separatelyDo notErase or obscure an entryChart for someone elseDocument care before giving itUse opinions or blameMention the incident report in therecordvs
Documentation. If it was not documented, it is difficult to prove it was done.

Ethical principles

Ethics questions ask which principle applies or how to resolve a conflict between principles.

AutonomyRespect the client's right to decideBeneficenceAct for the client's goodNonmaleficenceDo no harmJusticeFair distribution of careFidelityKeep promises; be faithfulVeracityTell the truth
Ethical principles. When a competent client refuses a beneficial treatment, autonomy usually prevails.

NGN-style case

Consent and advocacy appear together.

functions Clinical judgment case — the unsure client

A client scheduled for surgery in 30 minutes has signed the consent form. While the nurse completes the checklist, the client says, "I'm still not sure what they are going to remove." What should the nurse do?

  1. Recognize cues: the client does not understand the procedure.
  2. Analyze: consent is not truly informed.
  3. The nurse does not explain the surgery in place of the surgeon.
  4. Notify the surgeon so they can clarify before the procedure, and document.

Answer. Notify the surgeon before the procedure begins. Informed consent requires understanding, and explaining the procedure is the provider's responsibility.