Does the Code of Practice save the Act? Flashcards
24.41 is key - what does it entail?
‘Patients consent should still be bought before any medication is administered, wherever practicable. The patients consent, refusal to consent, or a lack of capacity should be recorded in case notes”.
“If a person has capacity to consent, but such consent is not forthcoming, or is withdrawn during this period, the clinician in charge of the treatment must consider carefully whether to proceed in the absence of consent, to give alternative treatment or to stop treatment”.
24.42?
“Clinicians authorising or administering treatment without consent, under the Act, are performing a function of a public nature and must therefore comply with the HRA 1998, which gives effect in the UK to certain rights and freedoms guaranteed under the ECHR”.
What did the CQC Report in 2015 state?
“Discussions about consent to give medication should always happen before treatment begins, as the first three months of treatment come to an end, and when ongoing treatment is reviewed, unless there are clear reasons why this was not possible for the individual patient”.
What was the CQC concerned about?
“on many visits, it was found that these discussions were not taking place. the impact of failing to engage patients, could be to deny them the chance to contribute towards their care planning, or give valid consent. this could lead to unlawful treatment, or to less than good care for people that would hinder quick and sustainable recovery”.
24.44?
A prayer?
“scrupulous adherence to the requirements of the legislation and good clinical practice should ensure that there is no such incompatibility”.
Nottinghamshire v RC ruling?
“it would be an abuse of power in such circumstances to impose blood transfusion on RC having regard to findings that he presently has capacity to refuse blood products and if such capacity were to disappear, the advance decision would be operative”.
“to impose a blood transfusion would be a denial of a most basic freedom”.
