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RN Nursing · Legal Responsibilities in Nursing · Practice question

A nurse is preparing a client for a surgical procedure who has received a dose of midazolam and is witnessing the informed consent. Which of the following actions should the nurse take first?

Answer & explanation

Correct: Notify the provider that the client cannot provide informed consent.

This question is identical in content to question 106036. Midazolam causes sedation and anterograde amnesia, rendering a client unable to provide legally valid informed consent once administered. For consent to be truly informed, the client must be alert, oriented, and capable of understanding the nature of the procedure, the risks and benefits, and available alternatives. Because the medication has already been given, these conditions cannot be met. The nurse's immediate responsibility is to notify the provider so the procedure can be postponed until a time when the client is competent, or so that a legally authorized surrogate can be contacted. Witnessing the signature under these circumstances would make the nurse complicit in obtaining an invalid consent. Asking the client to sign before the drug 'fully takes effect' is ethically and legally indefensible because administration has already occurred and capacity is already compromised. Having a family member sign is only appropriate if that individual holds a documented healthcare proxy or durable power of attorney for healthcare decisions. Protecting informed consent is both a legal requirement and an ethical duty rooted in respect for client autonomy, and notifying the provider is the first and most critical step.

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