Consent Flashcards
What are the principles of legal consent
- Capacity - The patient has the abilityto make an informed decision
- Informed - The patient has enough informationto make a decision
- Voluntary - The patienthas made the decision
What are the 2 conditions of consent
Valid
and
Legal
When does parental responsibility end
16 - scotland
18 - rest of UK
or upon marriage or civil partnership
When does the father have parental consent
If married/divorced to the mother or named on the birth certificate
Does a dentist need both parents decisions
There is no legal obligation for the dentist to seek consent of more than one person with parental responsibility, even when they are in disagreement
When can another adult without parental responsibility make decisions for the patient
When acting on behalf of the parental figure as agreed with the parent in poken form or writing
What factors need to be present to ensure informed consent
- Sufficient information must be communicated (not the same as ‘given’!) so that the patient can make an informed decision about whether or not to accept the proposed treatment based on appropriate knowledge and understanding
- Specific questions must be answered fully and honestly
- Information communicated should be documented carefully
- Treatment should not exceed the consent given
- Patient’s individual needs and wishes should be checked (see ‘material risks’ later)
What things might patients want to know before beginning treatment
Options for treatment
Why treatment is necessary
Consequences - risks, benefits
Likely prognosis
Your recommendation
Cost
Outcome without treatment
What are material risks
A reasonable person, if warned of the risks, would be likely to attach significance to these
The dentist is aware, or should reasonably be aware, that the particularpatient, if warned of the risks, would be likely to attach significance to these
When is consent not required
-When an emergency arises in a clinical setting and it is not possible to find out a patient’s wishes, you can treat the patient without consent, provided the treatment is
immediately necessary to save their life or to prevent a serious deterioration of their condition
-The treatment you provide must be the least restrictive of the patient’s future choices
-For as long as the patient lacks capacity, you should provide ongoing care; if the patient regains capacity while in your care, you should explain what has been done, and why, as soon as the patient is sufficiently recovered to understand
What are the 2 types of consent
Implied
Explicit
When is explicit consent needed
Major or invasive procedures
What is welfare PoA and continuing PoA
Welfare - for the care and personal needs of the adult
Continuing - for finance and property
How many principles does the adults with incapacity act 2000 have
5
What are the principles associated with the adults with incapacity act
- The benefit of the adult
- Minimum intervention
- Present and past wishes of the adult
- Consultation with the adult and others
- The adult’s exercising of their skills and further development of these
What is the order to consent
Capacity
Autonomy
Consent
An adult patient who has capacity
is entitled to demand specific dental treatment?
false
An adult patient who has capacity is entitled to refuse specific dental treatment?
True
A patient who is 14 years old can have capacity to consent to specific dental treatment?
True
It is possible to give consent or to refuse consent for dental treatment on behalf of an adult patient who has capacity?
False
If an adult patient lacks capacity,
the next of kin is entitled to give or to refuse consent for dental treatment on the patient’s behalf? T/F
False
