Modern healthcare systems have seen nurses assume increasing roles in decision making as regards patients. This has created the need for nurses to have a deeper understanding on the legalities of health care . Among the important legal aspects kindred to healthcare from a perspective of caring for patients relates to the concept of informed consent. This concept entails the legal requirement that in several healthcare aspects, a patient has autonomy on what procedures are to be carried out and in what manner (Falagas et al., 2009) . Further, for the patient to be able to make the right decision, the healthcare officer needs to give the patient the necessary information for making of this decision. Not seeking the consent of the patient as well as not providing the right information is not only an ethical issue but also a potential cause for legal liability for the medical professional, subject to certain limitations.
There are no strict laid down rules listing each and every procedure that requires consent. However, as a general rule, each and every invasive procedure as well as each procedure that inordinately interferes with the privacy of a patient requires informed consent (Falagas et al., 2009) . Invasiveness includes treatment procedures such as surgery, chemotherapy and medical regimens that may have adverse ramifications for the patient. Indeed, in the case of Schloendorff vs. The Society of New York Hospital , the court found that a procedure performed on a patient without consent amounts to an assault (Luce & White, 2009) . From a diagnostic perspective, invasive diagnostic procedures such as biopsies will also require informed consent. From the perspective of privacy, diagnostic procedures such as an HIV test or a psychological evaluation will also require the express informed consent from the patient. Finally, there are specific aspects where the law has provided for the consent of a patient to be required, more so on issues kindred to faith and conscience. These include issues such as vaccination, blood transfusion, organ transplant, and resuscitation (Luce & White, 2009) . Carrying out these procedures without the consent of the patient can lead to legal liability, except in scenarios where exceptions apply.
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The adjective informed within the phrasal noun informed consent comes as a variable factor since most of the informed consent law is state-based . In some states, the term informed is interpreted to mean giving the patient or the patient’s guardian ad litem all the information relating to the procedure for the patient to give informed consent. However, in most states, information is limited to three basic aspects. The first is the risk which the procedure exposes the patient to and the second aspect is the benefits that the patient will get from the aforesaid procedure (Luce & White, 2009) . Finally, there are the options that are available should the patient chose to decline the procedure. It is also necessary for the professional to ensure that the patient is in a position to understand the information given.
As with all general rules, there will always be plausible exceptions with the following examples falling under exemptions to the informed consent laws. The first exception is an unconscious patient who is wheeled into an emergency room and is in need of an emergency procedure (Campbell & Parsi, 2017) . In order to expeditiously assist the patient, informed consent can be dispensed with. The second exemption relates to a minor who has declined treatment and does not seem to have a guardian ad litem available. Social services in this scenario are empowered to give consent for and on behalf of the minor. Finally, if a patient has a previous diagnosis of a mental condition, they may not be qualified to understand the information given or even give consent. As per the Diagnostic and Statistical Manual of Mental Disorders , the professional must assess if the patient has the capacity to make an informed decision at that moment in time and if not, informed consent can be dispensed with (Campbell & Parsi, 2017) .
References
Campbell, K., & Parsi, K. (2017). A New Age of Patient Transparency: An Organizational Framework for Informed Consent. The Journal of Law, Medicine & Ethics , 45 (1), 60-65
Falagas, M. E., Korbila, I. P., Giannopoulou, K. P., Kondilis, B. K., & Peppas, G. (2009). Informed consent: how much and what do patients understand? The American Journal of Surgery , 198 (3), 420-435
Luce, J. M., & White, D. B. (2009). A history of ethics and law in the intensive care unit. Critical care clinics , 25 (1), 221-237
