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Healthcare professional standards in pandemic conditions: The duty to obtain consent to treatment

Devaney, Sarah; Miola, Jose; Cave, Emma; Purshouse, Craig; Heywood, Rob

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Authors

Sarah Devaney

Jose Miola

Craig Purshouse

Rob Heywood



Abstract

In the United Kingdom, the question of how much information is required to be given to patients about the benefits and risks of proposed treatment remains extant. Issues about whether healthcare resources can accommodate extended shared decision-making processes are yet to be resolved. COVID-19 has now stepped into this arena of uncertainty, adding more complexity. U.K. public health responses to the pandemic raise important questions about professional standards regarding how the obtaining and recording of consent might change or be maintained in such emergency conditions, particularly in settings where equipment, medicines, and appropriately trained or specialized staff are in short supply. Such conditions have important implications for the professional capacity and knowledge available to discuss the risks and benefits of and alternatives to proposed treatment with patients. The government’s drive to expedite the recruitment to wards of medical students nearing the end of their studies, as well as inviting retired practitioners back into practice, raises questions about the ability of such healthcare providers to engage fully in shared decision-making. This article explores whether the legal duty on healthcare practitioners to disclose the material risks of a proposed medical treatment to a patient should be upheld during pandemic conditions or whether the pre-eminence of patient autonomy should be partly sacrificed in such exceptional circumstances. We argue that measures to protect public health and to respect autonomous decision-making are not mutually exclusive and that there are good reasons to maintain professional standards in obtaining consent to treatment even during acute pressures on public health systems.

Citation

Devaney, S., Miola, J., Cave, E., Purshouse, C., & Heywood, R. (2020). Healthcare professional standards in pandemic conditions: The duty to obtain consent to treatment. Journal of Bioethical Inquiry, 17(4), 789-792. https://doi.org/10.1007/s11673-020-10048-1

Journal Article Type Article
Acceptance Date Sep 10, 2020
Online Publication Date Nov 9, 2020
Publication Date 2020-11
Deposit Date Aug 14, 2020
Publicly Available Date Nov 18, 2020
Journal Journal of Bioethical Inquiry
Print ISSN 1176-7529
Electronic ISSN 1872-4353
Publisher Springer
Peer Reviewed Peer Reviewed
Volume 17
Issue 4
Pages 789-792
DOI https://doi.org/10.1007/s11673-020-10048-1

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Publisher Licence URL
http://creativecommons.org/licenses/by/4.0/

Copyright Statement
Advance online version This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.







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