Consent, Capacity and Law

Question 1

what is consent?

Answer 1

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.

Question 2

what is the 1st GDC standard?

Answer 2

put patients interests first

Question 3

what is the 2nd GDC standard

Answer 3

communicate effectively with patients

Question 4

what is the 3rd GDC standard?

Answer 4

obtain valid consent

Question 5

what is the 4th GDC standard?

Answer 5

maintain and protect patients information

Question 6

what is the 5th GDC standard?

Answer 6

have a clear and effective complaints procedure

Question 7

what is the 6th GDC standard?

Answer 7

work with colleagues in a way that is in patients best interests

Question 8

what is the 7th GDC standard?

Answer 8

maintain, develop and work within your professional knowledge and skills

Question 9

what is the 8th GDC standard?

Answer 9

raise concerns if patients are at risk

Question 10

what is the 9th GDC standard?

Answer 10

make sure your personal behaviour maintains patient’s confidence in you and the dental profession

Question 11

what are the conditions for consent?

Answer 11

consent must be both valid and legal

Question 12

what is valid consent?

Answer 12

was obtained recently enough, specific to proposed dental treatment only, remains current

Question 13

how long does consent remain valid for?

Answer 13

should be continuously renewed, when there has been a significant interval between the patient agreeing to a treatment option and its start

Question 14

what are the 3 principles of legal consent?

Answer 14

ability (patient has ability to make informed decision), informed (patient has enough information), voluntary (patient made decision)

Question 15

what are the 5 components of capacity?

Answer 15

to act, to make a reasoned decision, to communicate a decision, to understand a decision, to retain the memory of a decision

Question 16

who has the ability to consent?

Answer 16

any patient, upwards from 16

Question 17

when are patients under 16 judged to have capacity?

Answer 17

when they have sufficient maturity and intelligence to understand the nature and implications of the proposed treatment

Question 18

who has parental responsibility?

Answer 18

mum

Question 19

what is informed consent?

Answer 19

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

Question 20

what is a material risk?

Answer 20

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

Question 21

when is implied consent sufficient?

Answer 21

for minor procedures

Question 22

when is explicit consent required

Answer 22

for major or invasive procedures

Question 23

when is written consent required?

Answer 23

for general anaesthetic or conscious sedation

Question 24

what is the most important factor about obtaining consent?

Answer 24

it must be properly documented showing all the pre-treatment steps have been taken

Question 25

when is consent not required?

Answer 25

when in emergency setting

Question 26

what is the welfare power of attorney responsible for?

Answer 26

care and personal needs of the adult

Question 27

what is the continuing power of attorney responsible for?

Answer 27

finance and property

Question 28

what is an intervention order?

Answer 28

when there is no power of attorney and a one-off decision needs to be made on behalf of the adult with incapacity

Question 29

what is a guardianship order?

Answer 29

for continuous management of the adults welfare and or financial affairs where there is no power of attorney

Question 30

what must use of the adults with incapacity act be allied with?

Answer 30

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

Question 31

what are the conditions needed to meet for using the adults with incapacity act?

Answer 31

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

Question 32

what are the 6 factors of consent?

Answer 32

voluntary, no coerced, not manipulated, informed, with capacity, valid