Question

A 65-year-old man is admitted to the hospital for a seizure. The head CT shows a ring or contrast-enhancing lesion consistent with a brain abscess. The patient remains persistently confused, but is not deteriorating. You need to perform a brain biopsy but there is no family member or health-care proxy who comes to visit him. His wife is housebound from multiple sclerosis and cannot get to the hospital. You have her on the phone but the nurse is refusing to be the witness for the consent, saying that telephone consent is not valid. Can telephone consent be valid for a brain biopsy when no family member or healthcare proxy is present?

A) Yes, telephone consent is valid for medical procedures.
B) No, in-person consent is always required.
C) It depends on the hospital's policies.
D) Only if the patient is conscious.

Answer 1

The validity of telephone consent for a medical procedure depends on the hospital's policies and potentially state laws. While some hospitals may allow for it under certain conditions, it's important to ensure that proper procedures are followed to obtain a legally valid consent.

Step-by-step explanation:

The question is related to the validity of telephone consent for a medical procedure when a patient's family member or health-care proxy is not present in the hospital. The correct answer is C) It depends on the hospital's policies. Hospital policies vary, and some may allow for telephone consent under specific conditions, such as when a patient's legal representative or next of kin gives consent over the phone in the presence of a witness. It is also important that all efforts are made to ensure that the person providing consent over the telephone is truly the patient's legal representative and understands the procedure and associated risks.

In the scenario described, the nurse's refusal may be based on specific hospital guidelines or state laws concerned with ensuring proper legal and ethical practices for medical consent. Medical facilities often have protocols for obtaining consent in situations where the patient is unable to consent and no proxy is present, which may include remote methods like telephone consent, especially if it's a non-emergency procedure. However, it is critical to adhere to established processes to protect the patient's rights and to ensure the validity of the consent obtained.