Bringing it all together

Question 1

What is the Bolam test?

Answer 1

Used to assess medical negligence.

Question 2

5 key principles of mental capacity?

Answer 2

1. Presumption of capacity always
2. Individuals being supported to make their own decisions
3. People have the right to make unwise decisions (eg. smoking with COPD)
4. Best interest of the patient is key
5. Least restrictive option always used (use of DOLS)

Question 3

TheMCAsays that a person is unable to make their own decision (lacks capacity) if they cannot do one or more of which four things?

Answer 3

• understand information given to them
• retain that information long enough to be able to make the decision
• weigh up the information available to make the decision
• communicate their decision – this could be by talking, using sign language or even simple muscle movements such as blinking an eye or squeezing a hand.

Question 4

2 questions to assess capacity?

Answer 4

Is there an impairment of or disturbance in the functioning of a person’s mind or brain? If so,

Is the impairment or disturbance sufficient that the person lacks the capacity to make a particular decision?