Forensic ⚠️ Flashcards
what a person should have to make the appropriate and best decision regarding his health?
To make any appropriate and best decision, the person should have mental capacity
what is Mental Capacity?
Ability to use & understand information to:
1) Make decision
2) Communicate any decision
Who is considered capacious or competent?
A person with normal healthy mind and brain function who can generally understand what decision he/she needs to make and its comnsequnces is consisted capacious or competent
Who should assess a doubtful capacity?
A psychiatrist or psychologist examine:
- Does the person have an impairment of the mind or brain? (It doesn’t matter whether this impairment is temporary or permanent at the time of decision)
__________
- Does the person have a general understanding of:
a) What decision they need to make and why they need to make it?
b) Consequences of making, or not making, this decision?
____________
- Is the person able to understand, retain, use and weigh up information relevant to this decision?
____________
- Can the person communicate their decision (by talking, using sign language or any other means)?
what is the definition of Incapacious Person (A person lacks capacity)?
A person whose mind is impaired & unable to give a decision
what are examples of Incapacious Person?
- Mental health conditions e.g. schizophrenia & bipolar disorder & dementia
- Severe learning disabilities
- Brain damage from a stroke or other brain injury
- Physical or mental conditions that cause confusion, drowsiness & consciousness loss
- Intoxication caused by drugs or alcohol misuse
what are the charachters of Incapacious Person?
Someone with such impairment is unable to make a decision if he/she cannot:
- Understand information about the decision
- Remember that information
- Use that information to make a decision
- Communicate their decision by talking, using sign language or any other means
Who can give or refuse consent in case of lack of capacity?
In case of lack of capacity, adult partner, legal custodian or adult family member who is responsible for the incompetent patient can give or refuse consent
what is the definition of Consent?
It is voluntary agreement, compliance or permission
autonomy of consent
Is the patient’s right to decide whether to agree (consent) or to refuse (refusal) of certain clinical examination or treatment
Importance of consent
- To examine, treat or operate upon a patient without consent is assault (battery) in law, even if it is beneficial and done in good faith
- If a doctor fails to give the required information to the patient before taking consent to a particular operation/treatment, he may be charged for negligence
Elements of Consent
1) Competence (Capacity)
2) Voluntariness
3) Disclosure (Informed)
what is the consenting age? and how gives consent for those who are under this age?
- more than or equal to 21 years (age of full civil rights in Egyptian law)
- For a child, or patient of unsound mind, guardian or local authority designated to care for the child can give consent
what are the types of consent?
Implied & Expressed
Implied consent
- When patient presents himself at doctor’s clinic, this implies agreement to be examined
- This does not imply to procedures more complex than inspection, palpation, percussion and auscultation
what do further examinations like rectal, vaginal examinations require?
Further examinations:
a) Rectal
b) Vaginal
c) Withdrawal of blood
- Need expressed permission
Expressed consent
It is specifically stated by the patient in distinct and explicit language
what are the types of expressed consent?
Oral/verbal consent:
- For minor examinations or therapeutic procedures, in presence of disinterested party (a nursee.g. blood collection & ECG
Written consent
- For:
a) All major diagnostic procedures:endoscopy, bone marrow aspiration
b) General anesthesia
c) Operations
what are the charachters of Informed valid Consent?
Charachters of informed refusal
- The patient should be informed that he has right to refuse examination and that the result may go against him. If he refuses, he cannot be examined
- The doctor must inform the patient about the risks of refusing a particular operation, test, medication, or other medical intervention
- To be legally valid, such informed refusal must be reduced to writing with signatures of patient, doctor and witness
what makes a consent invalid?
- Not an informed consent
- Given for committing a crime or an illegal act, such as criminal abortion
- Obtained by misrepresentation or fraud
- Given by one who had no legal capacity to give it:
a) A minor
b) Insane person or under the influence of drugs or intoxication
Therapeutic Privilege
- The doctor withhold (Hide) from patient the information (as to risk), if the disclosure would cause serious psychological threat to the patient (malignancy or unavoidable total results)
- However, he should disclose full information to a competent relative
Blanket (open) Consent
- The consent practiced in most hospitals that cover almost everything a doctor might do to a patient
- Without mentioning anything specific
what are Exceptions to Informed Consent?
- Emergencies (e.g. danger to life or limb)
- Medico-legal postmortem examination
- Examination of an arrested accused
- Treatment of patient suffering from notifiable diseases
- Psychiatric examination or treatment by court order
- Prisoners (new entrants)