Consent & Capacity Flashcards
What is Consent?
A person expressing willingness, giving permission or agreeing
How many types of consent are there?
2
What is Explicit (or express) consent
When a person gives a pharmacy professional specific permission, either spoken or written, to do something
What is Implied Consent
- When a person gives their consent indirectly
E.g bringing a prescription to pharmacy professional
-This only valid if the person knows and understand what they’re consenting to
What must a person do for consent to be valid?
- have the capacity to give consent
- acting voluntarily
- have sufficient balanced information to make an informed decision
- be capable of using and weighing up information provided
-Understand the consequences of not giving
Montgomery V.S Lanarkshire Health Board
- Nadine Montgomery had diabetes and was pregnant
-during childbirth she had complications resulting the baby being born with several disabilities - Her obstetrician had failed to inform her of the risks of vaginal delivery associated with her stature
- the doctor believed the risk was small and didn’t believe a caesarean section was needed
-The patient sought financial compensation
-In the Lower courts the Bolam principle was applied and Ms Montgomery was unsuccessful
-She took it to Supreme Court and the application of the bolam principle was rejected
-The doctor was held accountable and the court awarded significant damages to Ms Montgomery
What is the Bolam Principle?
A doctor is not negligent if acts in accordance with a practice accepted at the time as proper by a responsible body of medical opinion
What is the Montgomery Principle?
A healthcare professional has a duty of care to take reasonable steps to ensure that the patient is aware of any material risks involved in any recommended
What is material risk?
It’s defined that in the circumstances of the particular case, a reasonable person in the patients position would be likely to attach significance to the risk, or the doctor is or should be reasonably be aware the particular patient would likely attach significance to it
