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No, but if you were in the doctors office and you were there for an ailment, then yes he has the right to test you for whatever he see's fit. Within reason of course, no colonoscopies without your permission ;)
Wiki User
∙ 15y ago
Wiki User
∙ 7y agoAs with all things concerning the law - it can depend on the situation.
If the person was in an unconscious or severely injured condition, the Good Samaritan laws of all states would protect the medical personnel doing the examination, because the law assumes that most people would want to be saved.
However, if the patient was sober, articulate, and of sound mind and refused to be examined, to do so could theoretically be chargeable as an Assault unless they had a court order to do so or it was in an institution where they had surrendered their autonomy such as a prison or the military.
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Can a nurse be punished for giving a blood transfsion without a consent?
Yes, for any procedure a patient must give consent and understand the risks and benefits to the procedure. Typically the physician, PA, or APRN will discuss the risks and have the patient sign the consent. It is the nurse's responsibility to make sure that it is placed in the chart and if the patient seems to not comprehend the procedure or asks alarming questions to alert the primary care physician.
Use consent in a sentence?
Without the patient's consent the doctor wouldn't operate.
Is it malpractice if your physician gives out medical information without your consent?
It is not malpractice; however it would be a violation of the Federal HIPAA law (or if not in the USA, the local equivalent patient privacy laws). HIPAA is an acronym for the Health Information Privacy Protection Act. It prohibits medical personnel from divulging certain medical information of patients to others without the patient's consent. If a physician gives out medical information without your consent, he or she would not be guilty of malpractice but would be in violation of federal law. This could subject the physician to penalties and damages - both from the government and potentially from patients if they can show harm from the disclosure. In the EU, the Data Protection Directive 95/46/EC also makes it illegal for a doctor to share information without patient consent except in certain limited situations. Most other jurisdictions have similar laws.
Is it ok for a male doctor to examine a female patient without a nurse present?
Of course, you know, the patient is regardless of sex, they are just patient.
The withdrawal of a physician from the care of a patient without reasonable notice of such discharge from the case by the patient is?
Reasonable care
When can mental health information be disclosed without patient consent?
Some states presently allow disclosure of the following types of mental health information without patient consent: to other treatment providers, to researchers.
Rendering care to a patient without consent could result in a charge of?
Battery
What if Dr bob is preparing to operate on a patient with a life threatening condition he learns the patient is 17 her parents are in the waiting room discuss informed consent?
If Dr. Bob can get informed consent without jeopardizing the life of the patient then he should do so. If stopping to get consent will risk the life of the patient then he should consider the consent implied and save the life.
How can you prove that the patient gave informed consent?
Informed consent can be either explicit or implicit; in either case, it is subject to judgement. Consider these examples: A dentist tells a patient that a tooth has to be extracted. By sitting in the chair and opening his mouth upon command, the patient, by implication, consents to the extraction. A physician tells a patient that the mole on her arm should be biopsied. By presenting her arm for the biopsy, the patient gives implied consent to the procedure. Is it necessary, in either of these cases, to obtain written consent which details all of the options, and the pros, cons, and costs of each? By obtaining written consent, are the dentist and physician absolved from liability? By being informed, can the patient be assured that all possible outcomes have been illuminated? What's the expression: "A grand jury can indict a ham sandwich." With or without informed consent, everyone is liable and no one is assured. As a rule, "routine," uncomplicated procedures are performed without first obtaining formal, written consent because, by implication, the patient consents by allowing the procedure to be performed. Usually, formal, written consent is sought in cases that involve considerable risk (death, e.g.) or unknown consequences (e.g., treatments whose outcomes are inconsistent). In the former instance, the patient's behavior is sufficient proof, formal evidence of disclosure being unnecessary; in the latter, it would, in the least, be prudent to obtain formal, written consent. Regardless of the situation, I dare say all practitioners, clinics, or hospitals appreciate the fact that proof of informed consent proves very little and is a meager barrier to litigation.
Can a doctor call Administration about a patient in ER without patients consent?
Per HIPPA, disclosure of medical information must be secure and controlled. In this case, if the Doctor is a resident of the hospital where the patient resides, the Doctor is considered a secure and controlled release. It is under a HIPPA rule, a disclosure, but not a violation. A visiting Doctor is not allowed access to patient records without the patient consent.
Can medical records cannot be released under any circumstances without the written consent of the patient?
False
Why must a physician give the patient ample notice when he or she is withdrawing from a case?
Because the patient may have a cause of action for abandonment without reasonable notice.
