Consent And Capacity Flashcards
What does the rights act of 1998 am about convention rights
Expel have rights to:
Life
Freedom from torture and inhuman or degrading treatment
Freedom from slavery and forced labour
Right to liberty and security
All public bodies must respect and protect human rights
Standard expected of healthcare professionals may be higher that minimum required by law
What does the mental capacity act (2005 ) about and what does it state
Sets out statutory framework for making treatment decisions for people who lack the capacity to make such decisions themselves
Set out leagal requirements for assessing whether or not someone lacks capacity to make decision
What does the code of practise focus on in terms of mental capacity act
On those who have a duty of care to someone who lacks capacity to agree to the care that is being provided
When does someone lack capacity
They have an impairment or disturbance (disability,alcohol, trauma or drugs) that effects the way their mind or brain works and are unable to make a specific decision at the time needed
Do people always have capacity for different procedures
People may be able to consent to some prodecures but not others
May have capacity at some time but not others
Who gives consent if someone lacks capacity
Lasting power of attorney - individualised legally authorised to make decisions on behalf of someone
When should you ask for consent
Legally and ethical principles to ask for consent before starting treatment or physical investigation or providing personal care for a person
What happens to a professional who doesn’t ask for consent
Liable to both legal action by patient and by their professional body
If professional fails to get consent from patient and that patient suffers from harm in result to this their may be a factor of negligence against professional
When I consent valid
Given voluntarily y an appropriately informed person who has capacity to consent to the intervention in question
Will be patient or parents responsibility for a patient under 18
Or someone who is lasting power of attorney , or someone who has authority to make treatment decisions as a court appointed deputy
Informed
What s informed consent
The person must be given all of info abt what the treatment involves, including benefits and risks, whether there’s a reasonable alternative treatment and what happens if treatment doesn’t take place
What is acquiescence
Reluctant acceptance
Where person doesn’t know what the intervention entails
Not consent
What are the types of consent
Verbal - yes i agree
Written- signed consent form
Implies- holding arm out for blood test
When is consent not taken
When in an emergency and you need to get things done to rescue the persons life
Can under 16 years old give consent
Yes if they have capacity, competence and intelligence and understand the full treatment involved
