Cap

Question 1

Ethical dilemmas can arise …

Answer 1

conflict between the law and what you deem ‘morally right’

Question 2

Capacity

Answer 2

Capacity is the ability of a person to make decisions that may have consequences for themselves and/or others affected by the decision that person makes.

Question 3

In healthcare what can impair capacity?

Answer 3

children, adults with learning disabilities, or suffering from certain conditions e.g. dementia can impair capacity

Question 4

The Mental Capacity Act 2005

Answer 4

Provides the statutory framework to empower and protect vulnerable people who may not be able to make their own decisions particularly about their healthcare (physical and mental), welfare, finances, property and research.
Provides a substitute decision making framework

Question 5

Mental Cap Act 2005 assumes

Answer 5

adults have mental capacity unless proved otherwise

Question 6

Individuals have the right to…

Answer 6

make their own decisions (although they may be eccentric or unwise)

Question 7

Anything done on behalf of people without capacity must be

Answer 7

in their best interests, in a way that respects informed, freely given pt choice

Question 8

Assessing capacity? Can the person:

Answer 8

1. Understand the relevant info
2. Retain the information as long as necessary
3. Weigh that information up as part of the decision making process
4. Communicate their decision

Question 9

Consent

Answer 9

express a willingness, give permission, agree

Question 10

Why is consent important?

Answer 10

To maintain a partnership
Legal duty (pt have the right to be involved in decisions)

Question 11

2 Type of consent

Answer 11

Implied

Explicit

Question 12

Implied consent

Answer 12

Pt indicates their consent indirectly without writing or speaking

Question 13

Explicit

Answer 13

Pt givens you specific permission to do something (written or verbal)

Question 14

Is consent valid?

Answer 14

Capacity?
No pressure?
Balanced info?
On each occation

Question 15

When do pt have the right to withdraw consent

Answer 15

at any time

Question 16

Concent in children and young adults

Answer 16

should be involved as much as possible in decisions about their care, even when they are not able to make decisions on their own

Question 17

In an emergency (save life/prevent serious deprivation of health)

Answer 17

treatment without consent can be provided

Question 18

No one can give consent on your behalf from ….

Answer 18

18 years

Question 19

For a child to give consent

Answer 19

they mush have ‘capacity’

- if not competent consent must be obtained from someone else

Question 20

Gillick competency

Answer 20

children can be legally competent if they have sufficient understanding and maturity to enable them to fully understand what is propsed

Question 21

Under 16? Consent is

Answer 21

1. not automatic
2. can be legally competent (Gillick)
3. capacity for risk free procedures does not mean cap for high risk procedures
4. families should be involved if possible
5. competent child can insist on confidentility

Question 22

If parents and child disagree

Answer 22

1. Parent cannot override child if they want treatment

2. Child cannot refuse treatment if parents don’t agree

Question 23

16&17

Answer 23

Presumed consent
families should be encouraged to be involved
Cannot refuse treatment if agreed by person with responsibility

Question 24

Non-therapeutic procedures?

Answer 24

completely different

Question 25

Confidentiality

Answer 25

Respect privacy

Obtain only info you need

Question 26

Document to support confidentiality

Answer 26

NHS Code of practice 2003

Question 27

Circumstances where information may be disclosed

Answer 27

Consent
Legal obligation
public interest

Question 28

If disclosing infromation

Answer 28

• try to get the patients consent
• disclose only the information needed for a particular purpose
• make appropriate records
• prepare to justify your actions

Question 29

types of discloseures

Answer 29

with consent
without consent
required by law
public interest

Question 30

when can information be disclosed

Answer 30

prevent injury or damage or death
safeguard public health
prevent/detect crime

Question 31

Out professional responsibilities… 7

Answer 31

Respect a patient’s right to expect confidentiality
Record info accurately and consistently
Keep patient information private
Keep patient information secure
Only disclose info with appropriate care in line with legal and professional guidance
Ensure patient choice is respected
Inform patient effectively about shared info