Consent In Clinical Practice

Question 1

What is assault?

Answer 1

Creation of fear of unwanted physical contact

As far as civil law is concerned, an assault can be committed by putting a person in fear of his physical wellbeing, eg. Threatening to punch a person

Question 2

What is battery?

Answer 2

The actual contact made

Question 3

Types of consent

Answer 3

• given via the action or posture of a patient eg, rolling up sleeve
• can be problematic to rely solely on non-verbal behaviour
• good practice to seek clear direction/indication from the patient

Question 4

Verbal consent

Answer 4

Most common form of consent that occurs in relation to simple procedures
eg. Wound dressing

Question 5

Written consent

Answer 5

The main function that a written consent fulfils is to express in writing what has been verbally agreed to between both parties

Provides documentary evidence that consent was given

Question 6

What are the 3 elements of a valid consent?

Answer 6

• any consent given is freely and voluntarily given
• ant consent is properly informed
• the person giving consent has the legal capacity to give such consent

Question 7

Who is responsible for providing information regarding consent?

Answer 7

Responsibility for informing a patient of treatment usually rests with the treating doctor.

Written consent form should be witnessed by the treating doctor. If a nurse does witness the patients signature, it is argued that this is what it is, a witness to a signature, not to obtaining the consent.

Question 8

Consent is freely and voluntarily given

Answer 8

Consent must be given without any fraud, duress or coercion otherwise the consent will be considered invalid

Question 9

Responsibility to inform regarding consent

Answer 9

• nurses do have a responsibility to educate and provide secondary information about treatment. However, this can place nurses in a difficult position.

Question 10

Capacity to consent

Answer 10

• concept of ‘legal capacity’ means an adult of sound mind is competent to make decisions about their treatment.
• there are a number of components or ‘list of responsibilities’
• legislation governs who has authority to consent on behalf of the people with reduced mental capacity

Question 11

Age of consent

Answer 11

• 18 years old

- although in most states, a person 16 years old or older can legally consent if they are capable of understanding

Question 12

When is consent not required?

Answer 12

• an involuntary patient deemed to be mentally I’ll
• notifies lie diseases
• emergency situations (doctrine of necessity)
• statutory provisions eg. Road traffic act (compulsory drug and alcohol screening on request of police)
• suspected child abuse

Question 13

Right to restrain or detain without consent

Answer 13

• to constitute false imprisonment, it is enough if the patient believes they are not free to go

Question 14

When can we restrain patients?

Answer 14

• protection from injury
• other patients at risk
• protecting health professionals

Question 15

Why is consent important?

Answer 15

Civil actions in assault and battery, though rare, may potentially be brought against all health professionals who fail to obtain a valid consent before touching their patient or client