Consent and Confidentiality

Question 1

What are the four criteria for valid consent?

Answer 1

The patient must have capacity, give consent voluntarily, patient must be fully informed and consent must be continuing.

Question 2

Why is consent important?

Answer 2

It prevents unlawful touching, respects a patients autonomy and patients get better health outcomes if they ae involved in the decision making

Question 3

A person is able to make decisions for themselves if they are able to?….

Answer 3

Understand the information
Retain the information
Use or weigh the information
Communicate their decision and
Hold decision consistently

Question 4

Incapacity is if a patient is incapable of?…

Answer 4

Acting
Making decisions
Communicating decisions
Understanding decisions
Retaining the memory of the decision

Question 5

What are some of the difficulties with assessing capacity?

Answer 5

Patients capacity status can change,
Non-cooperation,
Underlying illnesses that may cloud your decision,
Communication problems

Question 6

What are proxy decision makers?

Answer 6

People appointed to make decisions for those deemed incapable. However they only represent the patients interests 70% of the time.

Question 7

What is Gillicks competence?

Answer 7

It allows for a doctor to deem a child to have capacity if they believe them to have capacity and to be mature enough. For an example talk about contraception.

Question 8

What are some of the problems surrounding consent?

Answer 8

How much information is sufficient for a patient to be sufficiently informed?
Consent is a process not an event
Do patients understand consent?

Question 9

What are the common law justifications for breaking confidentiality?

Answer 9

With the patient’s consent
\When unable to seek the patients consent but it is in the patient’s best interest
When required by law
When it is in the public interest

Question 10

Why was confidentiality broken in the case if W v Edgell

Answer 10

As t was in the interest of the public. He was still believed to be a threat.

Question 11

What are the four criteria that define public interest?

Answer 11

The risk must be real and serious
The risk must be of physical harm
Individuals at risk must be identified
Disclosure must be on a need-to-know basis.

Question 12

What is the GMC’s guidance on when to breaking confidentiality?

Answer 12

Only when;

• In public interest
• When there is a risk of harm to the patient or other
• Driving against medical advice
• Crime
• HIV and AIDS (GP and partner only)