Risk Management Project
Informed consent is the legal concept that an individual has the right to make decisions affecting his or her well-being. The informed individual should have the information needed to understand the risks and potential benefits that could result from their decisions. Georgia law protects the individual's right to give informed consent by requiring the disclosure of information by the individual to whom consent is given. The performing physician assumes the responsibility for obtaining the informed consent for surgical intervention, diagnostic procedures, and therapeutic interventions. The consent should be obtained in a neutral setting with ample time to address questions, concerns or barriers to obtaining the consent.
According to a local attorney, James Sizemore, the following may sign an informed consent for a medical procedure:
Any adult, for himself, whether by living will or otherwise;
Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act';
In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his minor child;
Any married person, whether an adult or a minor, for himself and for his spouse;
Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any guardian, for his ward;
Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth;
Upon the inability of any adult to consent for himself and in the absence of any person to consent under paragraphs (2) through (5) of this subsection, the following persons in the following order of priority:
o Any adult child for his parents;
o Any parent for his adult child;...