Consent and Capacity Flashcards
Consent
- 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.
Types of consent
- Explicit consent
- Implied consent: for example by bringing their prescription to you to be dispensed
Obtaining consent
- Information you provide to the patient must be clear so the patient can understand and give consent
- Consider any disabilities or language barriers.
For consent to be valid the patient must:
- 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.
Mental Capacity Act 2005
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.
A person is unable to make a decision when they cannot do one or more of the following:
a) Understand the information provided
b) Remember the information provided
c) Use or weigh up the information
d) Communicate their decision to you
When could a patients capacity be temporarily effected?
- Fatigue
- Panic
- Effects of drugs or alcohol
You must not assume that a patient lacks capacity based just upon:
- Age
- Disability
- Beliefs
- Condition
- Behaviour
Adults with capacity
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.
When a competent adult refuses to give consent
- 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
Adults without capacity
- 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.
Young person
aged 16 or 17
Child
under 16
Young people and children and capacity general
- 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.
If a person with parental responsibility is required to provide consent, you may need to get legal advice if:
- 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