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Consent to Treatment?

 
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Consent to Treatment? - March 22, 2011 12:56:43 PM   
Bobby Nabeyama

 

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From: Queens, New York
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The following is part of an intake for a private practice:

quote:


CONSENT TO TREATMENT
I _______________________________ hereby consent, authorize and request Seaford Physical
Therapy to administer the treatment deemed advisable and necessary to my condition in
accordance with his/her expertise. I agree to hold him/her free and harmless from any claims,
suits for damages or complications, which may result from such treatment.



I have concerns of some verbiage and whether this is common within the use of intakes in private practice.

Is this actaully a waiver of liability?

Is this common practice for consent to treatment?
Post #: 1
RE: Consent to Treatment? - March 22, 2011 9:26:07 PM   
Physiogenius

 

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It's always good to have a consent for treatment. However, in reality if a patient gets hurt it won't protect you unless it's notarized by a lawyer.

(in reply to Bobby Nabeyama)
Post #: 2
RE: Consent to Treatment? - March 22, 2011 11:17:04 PM   
bonez

 

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Actually consent to be valid must be informed that means you must explain what the consent is what the risks are and finally what the alternatives are. Having it witnessed is often all that it takes to be valid. All that said it only lessens the risks to you as a practitioner.

(in reply to Physiogenius)
Post #: 3
RE: Consent to Treatment? - March 23, 2011 7:52:31 AM   
Sebastian Asselbergs

 

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I would certainly change it from "Consent to treatment" to "consent" and then indicate " for assessments, treatments and re-evaluations ".
You would also need to indicate that any changes in treatment receive I.V.C. - "informed verbal consent".

Being in Canada, we generally do not include waiver for damages or injuries. This is considered part of informed consent.
 Here we do not need to have it witnessed. (Unless we needed a translator - then the translator witnesses).

Do you not have State Association that has some info on this? Or a regulatory body?

(in reply to bonez)
Post #: 4
RE: Consent to Treatment? - March 24, 2011 12:34:18 PM   
Bobby Nabeyama

 

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Joined: August 31, 2008
From: Queens, New York
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quote:

ORIGINAL: Physiogenius

It's always good to have a consent for treatment. However, in reality if a patient gets hurt it won't protect you unless it's notarized by a lawyer.


But, is the last line a consent for treatment or actually a waiver of liability?

If it a patient did not sign this consent would you deny treating this patient or is this unethical?

(in reply to Physiogenius)
Post #: 5
RE: Consent to Treatment? - March 24, 2011 12:35:48 PM   
Bobby Nabeyama

 

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Joined: August 31, 2008
From: Queens, New York
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quote:

ORIGINAL: bonez

Actually consent to be valid must be informed that means you must explain what the consent is what the risks are and finally what the alternatives are. Having it witnessed is often all that it takes to be valid. All that said it only lessens the risks to you as a practitioner.


Yes. But, would you still treat the patient simply because they did not sign the consent and lessen your risks?

(in reply to bonez)
Post #: 6
RE: Consent to Treatment? - March 24, 2011 12:41:11 PM   
Bobby Nabeyama

 

Posts: 9
Joined: August 31, 2008
From: Queens, New York
Status: offline
quote:

ORIGINAL: Sebastian Asselbergs

I would certainly change it from "Consent to treatment" to "consent" and then indicate " for assessments, treatments and re-evaluations ".
You would also need to indicate that any changes in treatment receive I.V.C. - "informed verbal consent".

Being in Canada, we generally do not include waiver for damages or injuries. This is considered part of informed consent.
 Here we do not need to have it witnessed. (Unless we needed a translator - then the translator witnesses).

Do you not have State Association that has some info on this? Or a regulatory body?


So you see that a waiver for damages is included in this consent for treatment?

As a patient- this would bother me and I wouldn't sign it. What if the PT did something negligent?

Would anyone else sign this 'consent to treatment?'

(in reply to Sebastian Asselbergs)
Post #: 7
RE: Consent to Treatment? - March 27, 2011 8:24:27 PM   
SJBird55

 

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Sadly, anyone can sue anyone for any reason.  A lil piece of paper isn't going to stop someone from suing.

Oddly... that kind of language immediately sets off red flags. I wouldn't sign it and I'd refuse physical therapy treatment from anyone in that facility just based on the language. It's a complete turn off. Consent for treatment is a 2-way street. All that statement is a bunch of legal mumbo jumbo to reduce liability risk. 

(in reply to Bobby Nabeyama)
Post #: 8
RE: Consent to Treatment? - March 28, 2011 1:35:17 PM   
Sebastian Asselbergs

 

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From: Barrie, Canada
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Here in Ontario, the Consent is essential as a Standard of Practice. It exists to satisfy the law which requires any self-regulating profession (like PTs) to acquire Informed Consent for any intervention.
It was NOT created (here) to absolve any practitioner from being sued.

I would sign one like the one above - simply since I will not allow any PT treatment to myself that includes risky business. And that form warns me to be extra careful about that!
I can not speak to regular patients. I'd think they would likely feel like Bird and get turned off.

(in reply to SJBird55)
Post #: 9
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