Consent and Confidentiality Flashcards
Define autonomy.
“Self-determination”.
• The ability to evaluate and deliberate.
• The capacity to make decisions.
• The freedom to act.
Define paternalism.
“Over-riding someone’s
autonomy in their interest”
• Who judges interest?
• When is their sufficient reason for over-ride?
When would battery occur in a healthcare setting?
Battery could occur when a health professional touches a patient without consent.
With regards to battery, when is consent legally required?
Legally consent is required for any action where a patient is touched, e.g. blood pressure measurement.
Which two terms fall under the idea of trespass to the person?
Assault and battery.
Legally, define assault.
A person threatens or attempts to physically injure another person and the injured party has a reasonable fear that the threat will be carried out.
Legally, define battery.
Goes beyond threat and the action is carried out (i.e. without consent).
What are the three elements of consent?
Sufficient information is given (i.e. informed).
Consent is voluntary.
The patient has the capacity to understand that information (they are competent in law).
What types of consent are there?
Written, verbal, implicit.
Define written consent.
Often standard forms. Legally required for a
few procedures.
Define verbal consent.
Explicit within limits. Must make clear verbally
what you intend to do “I am going to take your blood pressure”.
Does just going to the Drs imply consent?
No.
Define implicit consent.
No written forms, no explicit words. Based upon actions e.g. nod of the head, preparatory action (rolling up a sleeve for BP measurement).
What information is needed before a patient can properly consent?
Patients need sufficient information before they can decide whether to give their consent.
With regards to consent, what is patient standard information?
Disclose what an average “reasonable”
patient with that condition would want to know.
With regards to consent, what is professional standard information?
Set by health professional following
accepted standards.
When can consent be withdrawn?
At any time.
Consent should be given voluntarily, what does this mean?
Not under any form of duress or undue influence
from:
• Health professionals.
• Family or friends.
What is the starting point for capacity?
The patient has the capacity.
When can minors consent?
Children under 16 who understand fully what is involved in the proposed procedure can also give consent if judged competent (although their parents will ideally be involved). Interacts with confidentiality.
Young people aged 16 and 17 have the competence to give consent for themselves but non-consent may be over-ridden.
What does the NHS Code of Practice state about confidentiality?
Information that identifies the patient by name should not be divulged without consent.
Patients should be informed when information is stored, the reasons and its use.
Great care on any disclosure if not in the business of health care.
The patient has a right to limit information passing within a team of professionals – but they should be informed if this limits the effectiveness of their care.
Define sensitive personal data.
Relating to race, ethnic origin, political opinion,
religious/philosophical belief, trade union
membership, physical and mental health, sex life.
When is the processing of sensitive personal data allowed?
Processing such data is only allowed with subjects explicit permission.
What was the purpose of the Freedom of Information Act 2000?
- Create a new culture of openness (public sector) by providing the right of access to information held by public bodies (including universities).
- FOI replaces the Open Government Code of Practice, which had been in operation since 1994 .
