Ethics of consent Flashcards
What is “battery”?
Unlawful touching
Could apply if you act without a valid patient’s consent
The patient need not be harmed by the procedure to claim damages if battery is proved
What is “negligence”?
Relevant (or the right amount of) information is not provided
What is “consent”?
Agreement to do something or allow someone to do something to them
Can be withdrawn by the consented anytime without penalties
Withdrawal of consent must be respected immediately
It is not binding
What is “contract”?
Agreement to do something or allow someone to do something to them
Withdrawing can have consequences (e.g. financial penalties or other compensations)
It is binding
Which is binding, consent or contract?
Contract
Is signature a proof of consent?
No
Can consent be given verbally?
Yes
Which patients should you reflect on consent with?
3
1) A child or young person with limited capacities to consent
2) A competent adult: An adult is assumed competent unless shown to lack capacity
3) An adult with limited or no capacities to consent
What must a patient be able to do in order to have capacity?
3
- Understand the treatment options and weight up potential benefits, risks, burdens and side effects of the options
and - Retain the information provided
and - Weigh up and communicate their decision
What are the requirements for valid consent?
Capacity (competence): ability to give or withdraw consent
Information: patient received enough information and understands the information (you should check this by asking questions and you must allow patient to ask questions, to which you respond honestly)
Voluntariness: deciding voluntarily (not coerced) “The doctor may recommend”…“but they must not put pressure on the patient to accept their advice” 1.5b
If the treatment is immediately necessary to save a patient’s life or to prevent a serious deterioration:
You can treat patients without their consent
The treatment must be the least restrictive of the patient’s future choices
