Consent In Adults

Question 0

What is consent?

Answer 0

It is a legal doctrine and an ethical doctrine, reflecting the principle of autonomy and the respect for it

Question 1

What happens if no consent is given?

Answer 1

Battery ( physical contact without consent) or assaul

Question 2

What are the 3 requisites for valid consent?

Answer 2

It must be given by a competent individual
The individual must be fully informed about what he is agreeing out
There is no coercion

Question 3

What is capacity to consent based on?

Answer 3

Persons ability to understand the info and whether they actually do understand it.

The dentist must provide info in a manner that the patient can understand it.

Patient must understand the broad nature and purpose of the procedure and the likely consequences of having more not having the treatment

Question 4

What is the three stage test for capacity?

Answer 4

Comprehend and retain
Believe it
Weigh it up and arrive at a choice

Question 5

What to consider when deeming a person to have capacity?

Answer 5

The patients beliefs ( still competent)
Whether the pt has a skewed perception of reality? Can occur with mental disorders
Is the patients behaviour compulsively driven- declaring someone incompetent on these grounds is often difficult
External factors effecting the patients freedom of choice? ( medication, tiredness,anxiety)

Whether the patient is competent they just cannot communicate ( physical disability)

Question 6

What should you disclose as a dentist to protect yourself from negligence?

Answer 6

All the info that the patient wishes to know- subjective
All the info that a reasonable patient would want to know
What you feel the patient should know

Question 7

Vulnerable patients which may be under influence?

Answer 7

Prisoners
Mental health patients detained under legislation
Pt with certain religious beliefs ( Jehovah’s witnesses) they have the right to decline treatment if it is really what they believe but you need to ascertain that is is their believe and they are not being coerced

Question 8

What is the bolam test

Answer 8

It is used to assess the appropriate standard of care in negligence cases involving skilled professionals. If clinician reaches the standard they are not negligent