Question

Difficulty: MediumLegal and Ethical Practice

A practical nurse (PN) is caring for a client who is scheduled for an elective surgical procedure in two hours. The surgeon previously discussed the procedure with the client and left the consent form on the chart. When the PN prepares to witness the client's signature, the client states, "I know I need the surgery, but the doctor mentioned some alternative treatments and I cannot remember what they were." Which action is legally required of the PN?

  1. A
    Review the alternative treatments listed in the facility's educational brochure with the client, then obtain the signature.
  2. B
    Ask the charge registered nurse (RN) to explain the alternative treatments to the client so the preoperative checklist can be completed.
  3. C
    Advise the client that the surgeon has already determined this procedure is the best option and encourage them to sign the form.
  4. Withhold the consent form and notify the surgeon that the client requires further clarification before signing.Answer

Answer

Withhold the consent form and notify the surgeon that the client requires further clarification before signing.
The legal standard for informed consent mandates that the client must fully understand the procedure, including its risks, benefits, and alternatives, before signing. The nurse's role is to act as a witness to the signature and to verify that the client is competent and comprehends the information. If the client asks questions that indicate a lack of understanding, the nurse cannot legally provide this medical information. The nurse must act as an advocate by pausing the consent process and notifying the healthcare provider, who is responsible for providing the necessary clarification.

Step-by-Step Solution

1
Assess the client's level of understanding prior to witnessing the signature.
The client indicates a lack of memory regarding the alternative treatments discussed by the provider.
Valid informed consent requires the client to fully comprehend the procedure, risks, benefits, and alternatives.
2
Determine the scope of practice for the practical nurse in this scenario.
The PN identifies that explaining medical alternatives is outside the nursing scope of practice.
The provider performing the procedure is legally responsible for providing the initial education and answering questions about alternatives.
3
Take the legally required action to protect client rights.
The PN stops the signing process and contacts the surgeon.
The nurse acts as an advocate to ensure the client is fully informed before giving consent.

Key Concept

Informed Consent and Scope of Practice
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