Consent And Capacity Flashcards
What are the 3 types of consent?
Verbal- “yes, I agree to this x-ray”
Written- signed consent form
Implied- holding arm out for a blood test
Who should consent be received from?
The person having the procedure
What type of situations may not require consent?
Emergency situations, e.g. A&E, ICU, theatres, when the person is conscious but unable to consent, when the person is unconscious, etc
When can under 18s consent to their own treatment?
If they’re believed to have enough intelligence, competence and understanding to fully understand what’s going on
What does consent have to be to be valid?
(5)
Given voluntarily by an appropriately informed person who has the capacity to consent
The patient has to be over 18, with someone who has parental responsibility over them or with someone who has a LPA over them
Informed- the person must be given all of the information about what the treatment involves, including the benefits and risks, whether there’s reasonable alternative treatments and what will happen if the treatment doesn’t go ahead
Current- the person should consent every time. They can withdraw they consent anytime for any reason. If this happens, we must were it down that the patient withdrew their consent.
Acquiescence, where the person doesn’t know what the intervention entails, isn’t consent
What does acquiescence mean?
Reluctant acceptance
What is important about consent?
(5)
Valid consent must be obtained before starting treatment
It allows the patients to have control over what happens to their own bodies
A professional who doesn’t respect this principle may be liable to legal action by the patient and action by their professional body
If professionals fail to obtain proper consent and the patient is harmed as a result of treatment, this may be a factor in a claim of negligence
Where a patient has the capacity to make decisions about treatment, they have the right to refuse treatment- even when the consequences of such decisions could lead to their death
When does a person lack capacity?
(4)
If they have an impairment or disturbance that affects the way their mind or brain workd
If the impairment stops them from being able to make a specific decision at the time it needs to be made
People may have capacity at some times but not others, or be able to consent to some interventions but not to others
Lasting power of attorney (LPA)- a person who’s legally authorised to make decisions on behalf of someone
What does LPA stand for?
Lasting power of attorney
What’s important about the LPA?
It lasts forever- even if you’re no longer impaired
When do people choose their LPA?
Usually before the impairment gets too serious, so when they can still consent
Who is usually automatically the LPA to children?
Their parents
When was the Mental Capacity act introduced?
2007
What does the Mental capacity act (2007) say?
(4)
Everyone has capacity unless proven otherwise
It sets out the legal requirements to assess whether or not someone lacks the capacity to make a decision
Where a person lacks the capacity to make a decision for themselves, any decision must be made in that person’s best interests
The Code of Practice focuses on those who have a duty of care to someone who lacks the capacity to agree to the care that’s being provided
When was the Human Rights Act introduced?
1998
