Ethics Flashcards
Dilemma….
when 2 principles clash
4 principles
Autonomy: choice, capacity (risk vs benefit) Beneficence: Best interest Non maleficence: Do no harm Justice: fair and equal treatment
Confidentiality: when to breach
Disclosure by law – communicable disease, court order Public interest – public safety Lack capacity: children, incompetent adults Use of data in audit
Competence/capacity
Mental health act 2005:
Presumed until proven otherwise
Understand, retain, weigh, communicate
Unsure: ask nursing staff, other colleagues, psychiatrist or neurologist.
Process gaining Consent from patient
Reason for procedure:
Risks vs benefits,
Risks include: side-effects, likelihood of success, serious/common risks
Anticipated further procedures (may be necessary)
– Right to second opinion
understand, retain, weigh, communicate
(can change mind at any time)
Patient who lacks capacity
Work for best interest
?Advanced directive – only thing that overrides doctors decision
Views of people legally responsible
View of people close to relative
Competence in children
Competent >16 unless proved otherwise
Gillick competent
Gillick competent if:
understand, retain, weigh, communicate
Gillick competent Rights
Undr 16 can give consent,
but cannot refuse treatment
– prevent parents accessing medical records
– parents cannot override consent
– Scotland children can refuse treatment
Fraser guidelines – contraceptive advice
Understands advice
Cannot be persuaded to tell parents
Likely unprotected sex
Physical/mental health is likely to suffer
Best interests: contraception without parental consent
Mental Capacity Act 2005
No one can b assumed to lack capacity due to a condition
Act in best interest unless Advnaced directive
Restraint only if in patients best interest
Person with capacity can appoint lasting power of attorney for health and welfare decisions
IMCA (independent mental capacity advocate) for those without anyone
Consent when dealing with emergencies not competent
Treat what is immediately required in their best interest
Limited intervention, least restrictive to patients future choices
Emergencies outside of clinical setting:
Must offer help in emergencies (GMC guideline, not law)
Once involved you have duty of care