Consent Capacity and Confidentiality

Question 1

Why is valid consent so important?

Answer 1

Autonomy of the patient
An action for battery arises when there has been no consent, express or implied, to touching of a patient
Actionable without proof of damage or physical injury

Question 2

What is important to do to avoid criminal issue?

Answer 2

• chaperoning where appropriate
  
  • good record keeping
  • good communication

Question 3

What are the different types of consent?

Answer 3

Implied
Oral
Written

Question 4

What are the three essential criteria for legally valid consent?

Answer 4

Voluntary: person acting under his/her own free will without coercion
Informed: knows in broad terms what consenting to i.e. has received enough information to make the decision
Competent/Capacitous: able to give consent

Question 5

What is meant to be “Gillick Competent”?

Answer 5

young person under 16 with capacity to make any relevant decision

Question 6

How do you presume someone to lack capacity?

Answer 6

Only regard a patient as lacking capacity once it is clear that they cannot understand
retain
use or weigh up the information
communicate their wishes

Question 7

What are the issues to consider when deciding if a patient lacks capacity?

Answer 7

Whether it is temporary or permanent
Which options for treatment would provide overall clinical benefit for the patient
Did patient previously express a preference
Views of people close to the patient

Question 8

What current legislation is there currently surrounding capacity?

Answer 8

Mental Capacity Act 2016

Question 9

When can you disclose information?

Answer 9

When the patient consents
When patients lack capacity and disclosure is in their best interests
The disclosure is required by law or is permitted/ has been approved under a statutory process
The disclosure can be justified in the public interest

Question 10

What is important to consider when disclosing information?

Answer 10

Anonymity
Be satisfied that the patient has ready access to information explaining how their personal care will be used
Get the patient’s explicit consent for purposes other than their own care or local clinical audit, unless the disclosure is required by law or can be justified in the public interest
Keep disclosures to the minimum necessary for the purpose
Follow all relevant legal requirements
Keep a record of your decision and actions
Tell patients about disclosures that they would not reasonably expect