Ethics of Consent Flashcards
What is needed to take proper consent?
Knowledge and understanding, skills and experience, attitude, culture and environment, resources
What patient groups must you always reflect after dealing with?
A child or young person with limited capacities to consent
A competent adult
An adult with limited on no capacities to consent
Should you assume an adult patient is able to give consent?
Yes = adults are assumed competent unless they are shown to lack capacity
What are the ethical reasons to gain consent?
Based on autonomy = free will, dignity, duty to protect patient’s rights
Influenced by patient-centre care = right of individual to freedom from interference of others
What are some legal breeches of consent?
Battery = unlawful touching, patient may not be harmed to be able to claim damages Negligence = if relevant/not enough information isn't provided
What is the GMCs view on consent?
Any competent adult must agree in advance to any treatment/investigation and can refuse, consent isn’t a contract
What is consent?
Agreement to do something/allow someone to do something to them, can be withdrawn at any time without penalties, withdrawl must be respected immediately, isn’t binding
What is a contract?
Agreement to do something/allow someone to do something to them, withdrawl can have consequences, binding
What kind of process is giving and gaining consent?
Continual process = patient can withdraw consent at any time without giving any reason
Is a signature the only way to prove consent has been given?
No = signature isn’t always proof of consent, consent can be implied or given verbally
How should doctors approach getting consent for procedures?
Doctors should outline treatment options and let the patient decide
How can the capacity to consent be improved?
Try to meet communication needs of patient
Use clear, simple and consistent language
Suggest people bring relative, friend or translator
Give patient opportunity and time to ask questions
Why should consent forms for procedures be sent in advance of the operation?
To allow the patient to have time to reflect on their decision
How is capacity assessed?
Can the patient understand treatment options?
Can they retain the information provided?
Can the patient decide and communicate their decision?
What are the requirements for valid consent?
Capacity = ability to give consent Information = enough given and patient understands Voluntariness = patient not coerced
