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Can consent be considered valid if gained after the administration of a sedative medication? |
Am studying my Diploma of Nursing. The subject I am asking for is Law and Ethics. Help Me! Consent for what is the question you need to ask first. its a tricky one but in the case of a child up to the age of 16 no unless the parents give it to you . In the case of the adult , it would depend on the situation for the consent . If there were a life threatning situation where surgery was needed to save the life or an extremity and there were a overall consensus by the doctors/ surgeons that it had to be done immediately then it would be deemed valid. But it is very much an ethical consideration , and to what extent would the patient be sedated ? again if only midly then thier own judgement could stand . Unless there is a specific regulation for the jurisdiction you are working in, the common law key would be whether the patient still has the capacity to understand the terms of what they are entering into and the risks/consequences of giving or withholding permission. If they do not have capacity the consent would be void or voidable. In this case, instead of relying on consent, you would follow ethical guidelines for acting in the patients best interest as if they were incapacitated, for example, because they were unconscious (consult next of kin, medical directive, most reasonable medical approach, etc.) No. I know lawyers that would rip holes in the defense on behalf of the plaintiff, if this argument ever graced the courtroom...and win. It would be best in the interest of all parties if consent was given prior to administering the sedative. Cover Your @$$. Consent can not be given ..unless the person is of the right mind.....sedative medication will grant a person not able to grant consent...unless the person granted consent before the use of the medication It depends on the medication. Certain medications are considered sufficient to make you unable to give legal consent. |
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