Consent, Capacity and Refusal in Adults Flashcards
What is consent
-when do you need it
Permission from a patient before any form of medical management can occur
What would you have committed if you have acted without consent
-what are the consequences
Criminal offence
Assault
Battery
Common assault
Civil action from patient
Claim for damages
What are the exceptions to obtaining consent
Medical emergency where getting consent would lead to harm to the patient and there is no time to ask
Implied consent through their actions
-try to rely on express consent (oral or written) particularly for invasive treatment
Waived
- patient doesn’t want to know the details and just wants the treatment to occur
- be careful if a relative is trying to waive consent
Best interests
-does not have capacity to consent
What is valid consent
-what are the key features
A competent individual that understands the nature of the treatment based on information given without coercion who then gives permission
Information given is what their specific patient would reasonably want to know
The agreement of the patient must be from the patient alone
- advice from friends and relatives is ok until it becomes coercive
- in this case, remove the patient from the coercive environment and repeat the discussion
What is a competent person
Can
- understand
- retain
- weigh up
- communicate their decision
Competence is decision specific
Who can give valid consent
16+
U16 - not assumed to have mental capacity to make a decision regarding treatment unless evidence suggests otherwise
What should you do if a competent patient refuses treatment even if they are not under coercion, the treatment is in their best medical interest, or may be life-saving?
You cannot proceed without their consent
