Consent, What It Is And Why You Need it

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Consent is permission for something to happen or agreement to do something. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as understood in specific contexts may differ from its everyday meaning. In law, an attorney must obtain consent to perform legal services for a client. The client must be able to make such a decision for the consent to be valid. If the consent is challenged, the attorney may not get paid or sued. A police officer stops a car on the highway. The policeman asks the driver, “Do you mind if I search your car?”. If the driver says no, the police officer cannot legally search the car without obtaining a warrant (from a judge). In medicine, the doctor must obtain consent to treat a patient before anything is done, sometimes at the risk of the patient’s life. Consent is necessary and must be obtained before a medical evaluation or procedure is even considered for a given patient.

If consent is permission to do something, then who can give permission yet another question that has to be answered. Generally speaking there are four conditions that must be met to legally obtain consent for anything.

  1. The person must be able to make (by having the intellectual capacity) a decision. A person who is mentally challenged does not have the ability to consent and usually requires a third party to obtain consent to do anything. A person who is intoxicated, under the influence of drugs, or seriously injured may not be able to consent to treatment.
  2. The person must be of legal age. The legal age of consent is generally 18 years old. This is the age of a soldier who enlists in the military without the consent of his/her parents. There are situations where the age can be less than 18 years old.
  3. The person must have received an explanation for why the service was needed in the first place. It doesn’t have to be a great reason, it just needs to be a reason.
  4. The person must indicate that they understand the explanation.

At the hospital, the patient has to sign a consent form. Such a consent form would legally be a boon for the ambulance crew should the call be subject to review, however impractical and unnecessary as most people who call 911 actually want to be transported to the hospital. To the open minded, consent can be obtained without written documenation:

  1. Expressed consent is where the patient verbally gives permission to care for the patient. Since the patient called 911 in the first place, expressed consent is usually a given, and even recorded by the 911 call taker. Nonetheless, expressed consent should be informed. Informed consent requires the patient be given rationale for assessment and treatment then indicating an understanding of the implications and actions.
  2. Implied consent is consent arising from a medical condition that has rendered the patient unable to express consent with through verbal or written means. The implication being that if the patient was conscious, they would consent to treatment and transport. Unconscious or patient with altered mental status fall into this category. EMS personnel manage unconscious patients all the time under implied consent.

In Georgia, children are automatically emancipated once they are married, if they are on active duty in the military, or once they turn 18. When children want to become legally independent of their parents before the age of 18, they must file for emancipation in one of Georgia’s juvenile courts. Once the minor has gone through the juvenile court and obtained their emancipation and proved their financial competency, they now possess civil rights (the rights of citizens to political and social freedom and equality). The emancipated minor is required to provide documentation in the event they are confronted by law enforcement, DFACS, EMS, or other.

Pediatric patients (in the case of law are age 18 and under, but medically are typically defined as under age 8) have no civil rights and are under the control of their parents. The court system does not address the minor directly, but through the parents or guardians.

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