Consent and Capacity Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Consent

A
  • Patients have a basic right to be involved in decisions about their healthcare.
  • A person needs to understand the nature and purpose of the procedure in order to give valid consent.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Types of consent

A
  • Explicit consent
  • Implied consent: for example by bringing their prescription to you to be dispensed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Obtaining consent

A
  • Information you provide to the patient must be clear so the patient can understand and give consent
  • Consider any disabilities or language barriers.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

For consent to be valid the patient must:

A
  • Have the capacity to give consent
  • Be acting voluntarily – they must not be under any undue pressure from you or anyone else to make a decision
  • Have sufficient, balanced information to allow them to make an informed decision
  • Be capable of using and weighing up the information provided.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Mental Capacity Act 2005

A

Defines a person who lacks capacity as:
at the time is unable to make a decision for themselves because of an impairment or disturbance in the functioning of their mind or brain.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A person is unable to make a decision when they cannot do one or more of the following:

A

a) Understand the information provided
b) Remember the information provided
c) Use or weigh up the information
d) Communicate their decision to you

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When could a patients capacity be temporarily effected?

A
  • Fatigue
  • Panic
  • Effects of drugs or alcohol
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

You must not assume that a patient lacks capacity based just upon:

A
  • Age
  • Disability
  • Beliefs
  • Condition
  • Behaviour
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Adults with capacity

A

Every adult is presumed to have the capacity to make their own decisions and to give consent for a service or treatment unless there is enough evidence to suggest otherwise.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When a competent adult refuses to give consent

A
  • Respect their decision even if you think its wrong and may cause them harm
  • Explain consequences of this decision
  • Make detailed record
  • Can escalate with colleague/employer if you believe pt is at risk of serious harm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Adults without capacity

A
  • Work with people close to them and with other members of the healthcare team.
  • Refer to Mental Capacity Act (2005). These set out who can make decisions on the patient’s behalf, in which situations, and how they should go about this.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Young person

A

aged 16 or 17

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Child

A

under 16

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Young people and children and capacity general

A
  • Depends more on the patient’s ability to understand and consider their decision than on their age
  • Young person or child may have the capacity to consent to some services or treatments but not to others.
  • Assess maturity and understanding individually
  • Consider the complexity and importance of the decision to be made.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If a person with parental responsibility is required to provide consent, you may need to get legal advice if:

A
  • You are in any doubt about who has parental responsibility for the individual, or
  • The views of those that have parental responsibility differ to the young person/ child
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Young people with capacity

A
  • Young people are presumed to have the capacity to make their own decisions and give consent
  • Use the same criteria as for adults to assess capacity
  • Encourage young people to involve their parents in making important decisions.
  • Respect a competent young person’s request for confidentiality.
17
Q

Children and capacity

A
  • Children are not presumed to have the capacity to consent. They must demonstrate their competence.
  • A child can give consent if you are satisfied that the treatment is in their best interests, and that they have the maturity and ability to fully understand the information given and what they are consenting to. In this case you do not also need consent from a person with parental responsibility.
18
Q

When competent young people and children refuse to give consent

A
  • In some circumstances, the courts and parents can override the refusal of consent of a young person
  • You should get legal advice if needed on this issue.
19
Q

Young people without capacity

A
  • Parent can give consent on behalf for investigations and treatment that are in the young person’s best interests.
20
Q

Child without capacity

A

When a child lacks capacity to give consent, any parent or the court, can give consent on their behalf.

21
Q

Consent in an emergency

A
  • If you cannot get consent, you can provide treatment that is in the patient’s best interests
  • Exception is if there is a valid and applicable advance decision to refuse a particular treatment