There’s a lot more to the patient informed consent laws than having your patients sign off on a form. In actuality, they must truly understand what they’re consenting to, and that starts with ensuring they have the capacity to understand.
Your practice must be able to determine which patients have that ability and which don’t, which isn’t always simple. Check out these four tips on informed consent capacity so you stay compliant.
1. Avoid Using Medical Jargon
Medical terms can be very intimidating. Many patients don’t know what they mean and don’t want to look ignorant by asking the provider to define them. Therefore, the doctor should always explain everything about the procedure in simple lay terms that anyone would know. Even if the provider is treating another health care professional, it should never be assumed that everyone understands minute details about procedures and operations, so it’s important to use simple, easy-to-understand terminology.
2. Don’t Just Ask “Do You Understand?”
If the doctor explains the procedure and all of the details about it and then asks, “Do you understand?” that’s not going to be enough to confirm that the patient has a firm grasp of what the provider explained. It’s too easy for patients to just say yes, but it’s possible they’re too embarrassed to admit they didn’t catch it.
3. Try the Teach-Back Method
If there’s any question about whether a patient has the capacity to understand the procedure or service they’re consenting to, the provider might consider using the teach-back method. The idea is that the provider explains everything that the patient needs to know about the treatment or procedure, the risks, the benefits, etc.
Then the provider asks the patient to explain it back in their own words. This can allow you to see whether the patient understands what the procedure is and what the pros and cons are of getting it. The provider can then correct any misinformation while also evaluating the patient’s capacity to grasp what they’re consenting to.
For instance, the doctor might say, “We’ve covered a lot of information today. Can you review with me in your own words?” Or perhaps, “I wanted to make sure I explained everything clearly. Can you please explain it back to me so I can be sure I did?”
4. Ask Yourself 4 Key Questions
To gauge a patient’s understanding, it’s a good idea for the provider to ask these four questions:
Does the patient:
- Understand the benefits, risks, and alternatives?
- Appreciate those benefits, risks, and alternatives?
- Demonstrate reasoning in decision-making?
- Communicate the decision?
If you can answer yes to all of these, then you should feel better about accepting the patient’s informed consent signature.
There’s so much more to know about patient informed consent, and healthcare attorney Jeana Singleton, Esq., can help. During her 60-minute online training event, Resolve Informed Consent Violations to Avoid Legal Nightmares, Jeana will provide you with the tools you need to stay compliant. Register right away!
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