consent

Question 1

Consent is defined as

Answer 1

to express willingness, give permission, agree”. It underscores the fundamental right of individuals to be involved in decisions concerning their healthcare

Question 2

For consent to be valid, several conditions must be met

Answer 2

The person must have the capacity to consent.
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Consent must be given voluntarily, free from coercion.
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The person must have sufficient information to make an informed choice, including understanding the risks and benefits of the proposed treatment and any alternatives.
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The individual needs to be able to use and weigh up the information given to them.
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They must understand the implications of refusing consent.
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Obtaining consent is an ongoing process. It cannot be assumed from past consent and must be sought each time, especially when there are changes in treatment or services.
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Individuals retain the right to withdraw their consent at any time

Question 3

Explicit (express) consent

Answer 3

This involves a person giving specific permission, either verbally or in writing, for a particular action

Question 4

Implied consent

Answer 4

Consent is given indirectly, such as by presenting a prescription to be dispensed. However, implied consent is only valid if the individual is aware of and comprehends what they are consenting to. When in doubt, explicit consent should be obtained

Question 5

Capacity
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Capacity is the ability of an individual to make informed decisions about their healthcare.
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The sources emphasize that capacity is specific to the decision at hand. A person might be capable of making some decisions but not others.
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Capacity should not be assumed based on factors such as age, disability, beliefs, or behaviour

Question 6

Young people (16-17 years old) are presumed to have capacity, unless there’s evidence to the contrary.
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Children (under 16) are not presumed to have capacity and must demonstrate their competence.
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A child can consent if they understand the information provided and the treatment is in their best interests.
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When young people or children lack capacity, consent can be given by those with parental responsibility. However, legal complexities can arise, particularly when a competent young person or child refuses consent

Question 7

The sources also address advance decisions, which allow individuals to express their treatment preferences in advance, should they lose capacity.
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In emergencies where consent cannot be obtained, treatment can be provided in the person’s best interests to save their life or prevent deterioration of their condition. This excludes situations where a valid and applicable advance decision refusing treatment exists.