Consent Flashcards
What are the 4 criteria for valid consent?
- Patient must have full capacity
- Patient must give consent voluntarily
- Patient must be informed
- Consent must be continuing
What forms of consent are there?
+ Written
+ Assumed
+ Verbal
A person is able to make decisions for themselves if they are able to…?
- Understand the information
- Retain the information
- Use or weigh the information
- Communicate their decision
What is known about capacity based on the Mental Capacity Act?
+ A person is assumed to have capacity unless it’s established otherwise
+ A person is not to be treated as if they lack capacity to make a decision unless all steps have been taken to help them in a decision-making process
+ A person is not to be treated as unable to make a decision, just because the decision is unwise
+ A decision made on behalf of a person who lacks capacity must be in that person’s best interests
Why might someone lack capacity?
An impairment of or disturbance in the functioning of their mind/brain
- can be permanent
- can be temporary
What makes assessing capacity difficult?
+ It’s not a once and for all judgement
+ Non-cooperation
+ Just because the decision is irrational or bizarre, does not mean the patient lacks capacity
+ Underlying conditions may cloud your judgement (and may or may not affect the patient’s capacity)
+ Communication problems
What are some examples of proxy-decision makers?
+ Lasting power of attorney
+ Advance directives
+ Best interests test (HCP, relatives, carers)
What are the issues that may arise with proxies?
+ Proxies and patients do not always agree
+ Proxy decisions are normally subject to “best interests”, not our own decisions
What are some issues regarding consent?
+ Must not be coerced into treatment but pressure in and of itself is not coercion (beware of undue influence)
+ How much information is enough to be “sufficiently” informed?
+ Consent is an ongoing process, not a single event
+ Do patients understand what consent is all about?
