Safeguarding Patient Rights Flashcards
Which act governs capacity in the UK?
The mental capacity act of 2005.
List 5 recommendations given by the mental capacity act of 2005.
1 - Assume capacity unless established otherwise.
2 - Take all practical steps to assist in decision making.
3 - Allow unwise decisions to be made.
4 - Decisions taken must be made in the person’s best interests.
5 - Decisions taken should be the least restrictive to the person’s rights and freedom of action.
Why is capacity decision and time specific?
Because an individual cannot be said to have no capacity outright; the judgement on their capacity is determined with regards to a particular action or within a particular time frame.
List the 4 steps that a patient must take in order to demonstrate capacity.
1 - Understand the treatment.
2 - Retain the understanding of the treatment.
3 - Weigh up the factors surrounding the treatment.
4 - Communicate that they have taken these steps.
What does the mental capacity act say about family involvement with a patient that does not have capacity?
- It obliges doctors to consult the family on all decisions about what the person without capacity would have wanted.
- However only in certain circumstances is the family the principal decision maker, as what the family may want might not always be in the best interests of the patient.
In which circumstances may the family become the principle decision maker over the care of a person without capacity?
If the family have a lasting power of attorney.
What role does a hospital ethic committee play in decision making over patients that do not have capacity?
They are sometimes involved in helping a doctor make a best interests decision.
List 3 factors that should be considered when diagnosing a loss of capacity.
1 - Whether the loss of capacity temporary.
2 - Whether the loss of capacity long term.
3 - Whether the loss of capacity recoverable.
What is the difference between the mental health act and the mental capacity act?
The mental health act relates to the treatment of psychiatric symptoms only - to treat someone that is detained under the mental health act for physical symptoms, you must first assess them for capacity.
What is an independent mental capacity adviser?
Someone who helps guide decisions about people without capacity who do not have friends or family who can speak on their behalf.
What is an Advance Decision to Refuse Treatment?
A legally binding written or verbal document that sets out refusal to future treatment in the event of losing capacity.
List 3 examples of treatments that might be included in an Advance Decision to Refuse Treatment document.
1 - Resuscitation
2 - Blood transfusion.
3 - Life support
List 3 things that a best interests decision should take account of.
1 - A patient’s prior wishes.
2 - A patient’s current wishes.
3 - A balance of risk vs benefit.
List 5 roles that the court of protection plays in decision making over patients that do not have capacity.
1 - They can decide whether someone has the capacity to make a particular decision for themselves.
2 - They can appoint a deputy to make ongoing decisions for people who lack capacity.
3 - They can process emergency applications where a decision must be made on behalf of someone else without delay.
4 - They can make decisions about a lasting power of attorney, considering any objections to their registration.
5 - They can make decisions about when someone can be deprived of their liberty under the mental capacity act.
