Ethics Flashcards
when can you treat an adult (16+) without their consent?
in an emergency
you can apply the adults with incapacity act
you can apply the mental health act
what 2 branches of the laws on consent may apply to medical practice?
battery
- unlawful touching
- can apply if you act without patient’s consent, even if they arent harmed
negligence
- if relevant or right amount of info not provided to patient
consent vs contract?
consent = agreement to do something or allow someone to do something to them, can be withdrawn anytime contract = same but withdrawing can have consequences
3 components of capacity to consent?
can understand treatment (weigh up risks and benefits etc)
retain information provided
weigh up, decide and communicate their decision
3 requirements for valid consent?
capacity
information (patient received and understands all information)
voluntariness (not coerced)
basic rules on treatment of children?
parent/legal guardian must be consulted about childs treatment (unless absolute emergency)
childs consent should ideally be sought too (even from toddlers)
state can override parents decision to protect best interest of child
power can be devolved to others (doctors, nurses, social workers etc)
what happens if parents disagree with healthcare team?
courts can assess situation and overrule parents
can be dealt with over the phone in a matter of hours in an emergency
when can under 16s consent to treatment?
if qualified medical practitioner thinks they are capable
who has parental responsibility for babies born after may 2006?
both parents if they are named on birth certificate whether they are married or not
who has parental responsibility in babies born before may 2006?
mother and father only if married to mother
if not married, he needs a parental responsibility agreement/order
- step parent/civil partner can also get PR this way
what happens with PR if parents divorce?
both retain PR no matter who the child lives with or spends most time with
how is PR lost?
if child is put up for adoption
- adoptive parents gain PR
when can you break confidentiality?
the patient consents
required by law in the public interest (i.e certain infectious diseases, risk of death, serious harm or serious crimes - murder not theft)
- has to be a judicial order
confidentiality and driving?
should inform patient about legal duty to inform the DVLA or DLA about the condition
if they keep driving then try and persuade them
can contact DVLA or DLA and disclose any relevant medical information to medical adviser if they continue to drive but have to inform patient once youve done so
