Informed Consent
Each and every one of us has the right to have autonomy over our bodies. Birth is no exception. You have agency over what happens to you and your baby at all times. The law supports this.
Briefly, informed consent is when you are given the benefits/risks of a procedure(s), alternatives to such procedure(s), and the risks/benefits of doing nothing. The law also requires you have the capacity to understand this information and to make an independent, voluntary decision. Here is an example of how informed consent might be phrased:
“Hospital policy dictates I do ________, the benefits of ________ are ________, the risks are ________. May I do ________?”
Also keep in mind that a hospital consent form differs from informed consent. Upon signing a hospital consent form, you are consenting to being in the hospital, admitting with insurance, etc. Informed consent is an ongoing process that continues as long as you are under the care of your doctor/midwife.
Childbirth Connection provides an in-depth look at what it means to make informed decisions. I highly encourage reading the article linked below.
Code of Medical Ethics Opinion 2.1.1, american medical association
“Informed consent to medical treatment is fundamental in both ethics and law. Patients have the right to receive information and ask questions about recommended treatments so that they can make well-considered decisions about care. Successful communication in the patient-physician relationship fosters trust and supports shared decision making.
The process of informed consent occurs when communication between a patient and physician results in the patient’s authorization or agreement to undergo a specific medical intervention. In seeking a patient’s informed consent (or the consent of the patient’s surrogate if the patient lacks decision-making capacity or declines to participate in making decisions), physicians should:
(a) Assess the patient’s ability to understand relevant medical information and the implications of treatment alternatives and to make an independent, voluntary decision.
(b) Present relevant information accurately and sensitively, in keeping with the patient’s preferences for receiving medical information. The physician should include information about:
The diagnosis (when known)
The nature and purpose of recommended interventions
The burdens, risks, and expected benefits of all options, including forgoing treatment
(c) Document the informed consent conversation and the patient’s (or surrogate’s) decision in the medical record in some manner. When the patient/surrogate has provided specific written consent, the consent form should be included in the record.
In emergencies, when a decision must be made urgently, the patient is not able to participate in decision making, and the patient’s surrogate is not available, physicians may initiate treatment without prior informed consent. In such situations, the physician should inform the patient/surrogate at the earliest opportunity and obtain consent for ongoing treatment in keeping with these guidelines.”