Consent, Capacity and Law Flashcards
what is consent?
the voluntary and continuing permission of an appropriately informed person who has the capacity to consent to the intervention in question, based on a sufficient knowledge of the purpose, nature, likely effects and risks of that treatment, including the likelihood of its success and any alternative to it.
what is the 1st GDC standard?
put patients interests first
what is the 2nd GDC standard
communicate effectively with patients
what is the 3rd GDC standard?
obtain valid consent
what is the 4th GDC standard?
maintain and protect patients information
what is the 5th GDC standard?
have a clear and effective complaints procedure
what is the 6th GDC standard?
work with colleagues in a way that is in patients best interests
what is the 7th GDC standard?
maintain, develop and work within your professional knowledge and skills
what is the 8th GDC standard?
raise concerns if patients are at risk
what is the 9th GDC standard?
make sure your personal behaviour maintains patient’s confidence in you and the dental profession
what are the conditions for consent?
consent must be both valid and legal
what is valid consent?
was obtained recently enough, specific to proposed dental treatment only, remains current
how long does consent remain valid for?
should be continuously renewed, when there has been a significant interval between the patient agreeing to a treatment option and its start
what are the 3 principles of legal consent?
ability (patient has ability to make informed decision), informed (patient has enough information), voluntary (patient made decision)
what are the 5 components of capacity?
to act, to make a reasoned decision, to communicate a decision, to understand a decision, to retain the memory of a decision
who has the ability to consent?
any patient, upwards from 16
when are patients under 16 judged to have capacity?
when they have sufficient maturity and intelligence to understand the nature and implications of the proposed treatment
who has parental responsibility?
mum
what is informed consent?
sufficient information must be communicated so that the patient can make an informed decision about whether or not to accept the proposed treatment based on appropriate knowledge and understanding
what is a material risk?
where a reasonable person if warned of these risks would be likely to attach significance to these and the dentist is aware of should reasonable be aware that the particular patient would have a significant attachment to these risks
when is implied consent sufficient?
for minor procedures
when is explicit consent required
for major or invasive procedures
when is written consent required?
for general anaesthetic or conscious sedation
what is the most important factor about obtaining consent?
it must be properly documented showing all the pre-treatment steps have been taken
when is consent not required?
when in emergency setting
what is the welfare power of attorney responsible for?
care and personal needs of the adult
what is the continuing power of attorney responsible for?
finance and property
what is an intervention order?
when there is no power of attorney and a one-off decision needs to be made on behalf of the adult with incapacity
what is a guardianship order?
for continuous management of the adults welfare and or financial affairs where there is no power of attorney
what must use of the adults with incapacity act be allied with?
benefit of the adult, minimum intervention, present and past wishes of the adult, consultation with the adult and others, the adults exercising of their skills and further development of these
what are the conditions needed to meet for using the adults with incapacity act?
benefit to the adult cannot be achieved in any other way, no other way which would take less responsibility away from adult, adult is asked about present wishes and others asked for known past wishes, appointed attorney or guardian should be consulted about any action, adult must be encouraged to do as much as is possible
what are the 6 factors of consent?
voluntary, no coerced, not manipulated, informed, with capacity, valid
