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20 Medico-legal questions Test your knowledge

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20 Medico-legal questions

Question 8: Consent in emergency situations


A 57-year-old male collapsed while walking alone. On arrival at the hospital by ambulance, he was unresponsive, with laboured respirations, but adequate blood pressure. The emergency physician considered immediate endotracheal intubation was necessary. What is the best next step? A) B) C) D) E) Await consent from an appropriate substitute decision maker before initiating airway management Attempt to call the family for advice before proceeding Treat immediately without consent, as this is a life-threatening condition Delay invasive treatment until the patient is able to consent Seek an opinion from an ICU specialist before initiating treatment

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Answer:
The answer to this question is: C

Discussion:
Consent in emergency situations There is an important exception to the general rule that consent must always be obtained before any treatment is administered. In cases of medical emergency when the patient (or substitute decision maker) is unable to consent, a physician has the duty to do what is immediately necessary without consent. For the physician to declare any clinical situation an emergency for which consent is not required, there must be demonstrable severe suffering or an imminent threat to the life or health of the patient. It cannot be a question of preference or convenience for the health care provider; there must be undoubted necessity to proceed at the time. Further, under medical emergency situations, treatments should be limited to those necessary to prevent prolonged suffering or to deal with imminent threats to life, limb or health. Even when the patient is unable to communicate in medical emergency situations, the patients known wishes must be respected. Therefore, before proceeding and if the clinical condition allows, the physician will want to be satisfied there have been no Advance Directives or other indications that the patient does not want the proposed treatment. As soon as the patient is able to make decisions and regains the ability to provide consent, a proper and informed consent must then be obtained from the patient for additional treatment.

Resources:

https://education.cmpa-acpm.ca/20questions/questions/question08-e.html

18/02/2012

20 Medico-legal questions Test your knowledge

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https://education.cmpa-acpm.ca/20questions/questions/question08-e.html

18/02/2012

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