Consent, Trespass, Refusal of Treatment

Question 1

For consent to be valid, it must:

Answer 1

1. be freely and voluntarily given
2. cover the procedure to be performed
3. be informed - sufficient information must be given
4. person must have legal capacity

Question 2

Exceptions to consent:

Answer 2

• emergency treatment
• parental authority is not absolute
• necessity (not in a clinical environment - eg. catch someone who is falling)

Question 3

When a patient is incompetent, who consents?

Answer 3

• Medical treatment decision maker under the Medical Treatment Planning and Decisions Act 2016 (Vic)
• Guardian under the Guardianship and Administration Act 2019 (Vic) = for those with a disability
• Enduring Power of Attorney (medical) under the Power of Attorney Act

Question 4

Who can refuse treatment

Answer 4

• Competent patients
  >18 years
  any time
  any treatment

Question 5

Gillick competency

Answer 5

• Child may accept or refuse treatment should they have the capacity to fully understand the nature of the treatment, along with its benefits and consequences

Question 6

The most important method for conveying consent in everyday practice is:

Answer 6

Verbally

Question 7

False imprisonment:

Answer 7

The patient’s movement is intentionally restricted without their consent.

Question 8

Role of the Public Advocate:

Answer 8

• advocate/speak on behalf of people with a disability
• make recommendations to the relevant Minister
• ensure disabled people are protected from abuse

Question 9

What can a patient refuse under the Medical Treatment Planning and Decisions Act 2016 (Vic)?

Answer 9

• non-invasive procedures
• medical treatment
• CPR