ethics - consent Flashcards
consent
method via which we respect patient autonomy
process in which patients are given information to enable them to decide on treatment.
how to gain valid legal consent
Information
Capacity
Voluntariness
Decision
battery
no consent/
tricked into consent/
expressidly refused consent
how can negligence occur
when you don’t give the patient adequate information
adequate information
pts must be aware of any material risks involed in the tx and reasonable alterantives
capacity
Does not depend on a person’s age or status.
Adults presumed competent
Children over 16 (Family Law Reform Act 1968 S.8) presumed competent
gillek competence
competency for those under 16
MCA act
To understand the information relevant to the decision;
To retain (remember) information relevant to the decision;
To use or weigh the information;
To communicate the decision (by any means).
blatant cohersion
Where a practitioner makes treatment conditional on a patient agreeing to take part in a clinical trial
subtle cohersion
Where a practitioner recommends one treatment more enthusiastically than another.
voluntariness
pt must be Unduly influenced Coerced by deception Coerced by non-disclosure Coerced by manipulation of information
exceptions to consent
Necessity/Emergency Implied consent Patient incapable of giving valid consent Patient waiver Therapeutic privilege Public health requirements Mental Health Act
withdrawal of consent
achnowlegde their right
- explain consqeuences of risks or not contining treatment and the pt is responsible for any future problems which arise of this as a result of not completing the treatment
