Consent Flashcards
What are the two type of Consent?
Implicit and Explicit
What are the two subdivisions of explicit consent?
Written and Verbal
Is written consent legal proof?
No - but is supporting evidence of consent
What are the requirements for a valid consent?
Information
Voluntariness
Capacity
What is the legal framework underpinning capacity?
Mental Capacity Act
What are the requirements for capacity?
Understand info
Can retain info
Can weigh up info
Can communicate decision
Over what age are people assumed to have capacity?
16
What ethical principle underlies consent?
Respect for Autonomy
Can an adult with capacity refuse treatment?
Yes - can refuse any treatment, regardless of whether there is a prudent reason
What information is required for a valid consent?
Broad nature of the treatment (battery)
Risks and Benefits (negligence)
What must be considered for voluntariness of consent?
Family Pressure
Power differentials in doctor-patient relationship
Coercion (implicit as well as explicit)
What sort of information protects against a charge of battery?
Info on the broad nature of the treatment
What sort of information protects against a charge of negligence?
Info on the risks and benefits of the procedure
