Consent in emergenicies Flashcards
What is consent?
When a doctor discloses information to a patient who is competent, the patient understands the info & voluntarily makes a decisions.
What is the criteria for valid consent?
3 elements- informed, capacity & voluntariness
Informed- procedure must be explained in simply language & both benefits & risks show.d be told
Capacity- patient must:
- understand info
- retain the info
- weigh up info
- communicate their decision.
Voluntariness:
- patient should be free to agree to or refuse treatment
- no coercion otherwise invalid
What is battery? What is negligence?
Battery- claim that the patient did not consent.
Negligence- claim that the doctor failed to properly inform patient about procedure & its risk i.e how consent was obtained- must be shown that patient has suffered harm
What information should be given to obtain effective consent?
Process of procedure
Risks involved
Benefits
Alternative treatments
Is consent form always required prior to surgery? What is the purpose of consent forms?
Not illegal to perform surgery on competent patient w/out signed form- key thing is that patient has given verbal consent
Purpose of written consent:
- provides mechanism to ensure that consent in obtained & to communicate that fact to other members of health care team
- provides evidence that patient has given consent
Patients w/ capacity can w/draw consent at any time- illegal (battery) to proceed w/ operatio
What is Gillick competence?
Children under the age of 16 can consent to their own treatment if they’re believed to have enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment.
What are Fraser Guidelines?
contraceptive advice or treatment can be provided to a child under 16 without parental consent or knowledge provided that they are intelligent & mature
Consent in emergency & non-emergency situations for children?
https://www.notion.so/e02a0641059348d8af4184b3fcb30731?v=5c3a0dc5844741b496ce94d27c262600&p=cafca3a3d0154914822e778ed56a2b14&pm=s
Note- very important!
Consent in emergency & non-emergency situations for adults?
https://www.notion.so/e02a0641059348d8af4184b3fcb30731?v=5c3a0dc5844741b496ce94d27c262600&p=cafca3a3d0154914822e778ed56a2b14&pm=s
What is the legal position of consent in adults? How does mental capacity affect this?
Adults w/ capacity have legal right to refuse medical treatment or w/draw fromrteatment- even if refusal results in death or injury
Adults w/out capacity should be treated in their best interests- mental capacity act 2005
- doctors can make decisions on behalf of patien
What is the legal position of consent in children? How does mental capacity affect this?
16-17y olds can consent to treatment if they have capacity- but cannot refuse beneficial treatment.
Those aged less than 16y, if they have capacity (Gillick competent), can consent to treatment
A parent/ guardian can give proxy consent on behalf of minor.
- Must act in minors best interests- if parents & doctors cannot agree, court will decide who has best interests.
When can consent be implied?
Patients consent is needed when taking examinations, pulse, temp etc
Courts recognise implied consent
- e.g. if patient puts wrists out for doctor to take pulse after doctor says ‘would like to take your pulse’
If patient says ‘no’- it would be battery if doctor still went ahead
Patients who voluntarily comes to doctors or hospital does not imply consent to any examination, investigation, treatment.
Consent in unconscious patients/ emergency situations?
In emergencies- presumption of capacity remains
Justified to proceed w/out patients consent if treatment for condition in unconscious patient was necessary
Once conscious- explain what has been done & discuss options for ongoing management
Examples of situations where treatment can be provided w/out consent?
Emergency situations to save life or if patient unconscious or incapacitated
Severe mental health & lack capacity for consent- dementia, bipolar
attempted self harm, suicide attempts whilst competent but refusing treatment
Risk to public health e.g. TB, rabies, cholera
severely ill & living in unhygienic conditions- patient can be taken to place of care w/out permission
Consent for surgery?
If patient is CONSCIOUS & has capacity (i.e. if talking etc) & requires surgery:
- need SURGEON to obtain consent from patient- singed & dated!
