What is it about?

Some SLPs involved in the care of individuals with dysphagia use waivers of liability. What is a waiver of liability? When do SLPs use them? Is using a waiver of liability in the healthcare context ethical? legally enforceable? These issues are placed in the context of the rights of patients to consent and refuse care, and SLPs' ethical responsibilities to hold their clients interests paramount.

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Why is it important?

By having a deeper understanding of the ethical and legal dimensions of "waivers," SLPs will understand that waivers are against public policy in the healthcare context. The paper relies on court cases to illustrate these points.

Perspectives

Some SLPs involved in the care of individuals with dysphagia use waivers of liability. What is a waiver of liability? When do SLPs use them? Is using a waiver of liability in the healthcare context ethical? legally enforceable? These issues are placed in the context of the rights of patients to consent and refuse care, and SLPs' ethical responsibilities to hold their clients interests paramount. By having a deeper understanding of the ethical and legal dimensions of "waivers," SLPs will understand that waivers are against public policy in the healthcare context. The paper relies on court cases to illustrate these points.

Jennifer Horner
Ohio University

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This page is a summary of: Consent, Refusal, and Waivers in Patient-Centered Dysphagia Care: Using Law, Ethics, and Evidence to Guide Clinical Practice, American Journal of Speech-Language Pathology, November 2016, American Speech-Language-Hearing Association (ASHA),
DOI: 10.1044/2016_ajslp-15-0041.
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