informed consent Flashcards

1
Q

what ways can you work in partnership with the patient?

A

• Communicate with Patient;
• Respect Patient Viewpoint;
• Discuss Diagnosis, Prognosis, Clinical Treatment &
Clinical Care Plan;
• Share ALL Clinical Information with Patient;
• Maximise Opportunities for Patient Decision Making; and
• Respect Patient’s Decisions on Diagnosis, Prognosis, Clinical
Treatment & Clinical Care Plan;

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the basis of pharmacist’s partnership with patient?

A

openness
mutual trust
good communication skills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is the check list for patient informed consent?

A
  • Full Clinical Explanation;
  • Option to Refuse Consent; and
  • Monitoring of Behavioural Signs from Patient
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what approach would you use to provision of clinical information and treatment options?

A

• Patient’s Expressed Wishes;
• Patient’s Personal Priorities;
• Patient’s Knowledge and Understanding;
• Nature of the Clinical Condition;
• Complexity of Clinical Treatment and Clinical Care Plan; and
• Nature & Level of Risk in Clinical Treatment &
Clinical Investigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are forms of clinical hazards?

A
  • Clinical Side Effects;
  • Clinical Complications; and
  • Failure of Clinical Investigation or Clinical Treatment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

how do you delegate clinically responsibility for informed consent?

A
  • Clinically Trained & Professionally Qualified;
  • Professional Knowledge & Clinical Skill;
  • Knowledge of Potential Clinical Hazards & Side Effects; and
  • Experience in Approved Clinical Practice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is the clinical basis for acquisition of patients informed consent?

A
  • Clinically Complex & Significant Clinical Risks;
  • Significant Personal Implications;
  • Provision of Clinical Care NOT Primary Purpose; and
  • Research Programme or Innovative Clinical Plan
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is the clinical requirement for updated patient informed consent?

A
  • Significant Time Lapse;
  • Material Change;
  • Availability of Additional Clinical Information
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

how do you clinically assess a patient of mental capacity?

A
  • Understand Clinical Information;
  • Retain Clinical Information;
  • Comprehend Clinical Information; and
  • Communicate a Personal Decision
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what are the clinical precautions for changes in patient mental capacity?

A
  • Clinical Discussions with Mentally Competent Patient;
  • Assist Patient Memory & Recall; and
  • Confidential Consultations with Clinical Team & Patient Family
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

who are the clinical team assessment of patient mental capacity?

A
  • Clinical Care Team;
  • Clinical Support Staff; and
  • Clinical Specialists
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

how do you clinically decide and mentally incompetent a patient?

A
  • Prioritise Patient’s Best Interests;
  • Respect Patient Individuality;
  • Encourage and Support Patient Decision-Making; and
  • Prevent Patient Discrimination
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what are the factors for clinical assessment of mental capacity?

A
  • Temporary or Permanent Lack of Mental Capacity;
  • Appropriate Clinical Options for Optimal Clinical Benefit;
  • Least Restrictive Clinical Option on Patient Choices;
  • Documentary Evidence of Advance Healthcare Planning;
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what are the factors for clinical assessment of mental capacity?

A
  • Patient’s Legal Power of Attorney;
  • Expressed Views of Patient Family & Next of Kin; and
  • Professional Opinions of Clinical Care Team
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what does a patient with mental capacity have the legal right to?

A

Informed Consent
for any form of Clinical Investigation or Clinical Treatment.
Any Pharmacist who treats a Patient without Informed Consent is
Guilty of the Tort of Battery.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what is a pharmacist who treats a patient without informed consent guilty of?

A

tort of battery

17
Q

what is the constituent elements of the tort of battery?

A

a Pharmacist must acquire the Patient’s Informed Consent for any
Clinical Investigation, Invasive Procedure or Clinical Treatment

18
Q

what is the tort of battery and assault?

A

If a Pharmacist fails to acquire the Patient’s Informed Consent and it
was Clinically Feasible to do so, an Allegation of Assault under the
Criminal Law may arise.

19
Q

what are the legal requirements for patient informed consent?

A

• Voluntary;
• Mental Capacity; and
• Access to Relevant Clinical Information
A Pharmacist owes a General Duty to Warn a Patient about
Statistical Risks of Clinical Hazards in a Clinical Procedure.
A Patient has a Legal Right to be Clinically Warned of Potential Harm
or Injury in a Clinical Procedure

20
Q

what are the legal forms of infomred consent?

A
  • Express Consent; and

* Implied Consent

21
Q

what are the different approaches to disclosure of clinical information and acquisition of informed consent?

A
  • Pharmacist-Centred Approach; or

* Patient-Centred Approach

22
Q

what is the legal test of materiality?

A

The Test of Materiality requires a Pharmacist to provide ALL Clinical
Information, e.g., “Material Risk” the Patient would “Attach
Significance To” in the Clinical Process of Informed Consent.

23
Q

what does ln Re F mean?

A

(Legal Distinction between Mental Disability & Mental Illness)

24
Q

what is ln Re C?

A

(Mental Illness NOT Absence of Mental Capacity)

25
Q

what is ln Re MB?

A

(Extreme Clinical Condition Form of Undue Influence)

26
Q

ln Re B?

A

(Right to Refuse Clinical Treatment as Mental Capacity NOT

Clinically Impaired)

27
Q

what is ln Re T?

A

(Undue Influence of Patient’s Close Relative negates Patient Mental Capacity

28
Q

what is the legislative framework regarding mental capacity?

A

S.2(1) Mental Capacity Act 2005
(Legal Test for Mental Capacity)
S.3(1) Mental Capacity Act 2005
(Legal Criteria Defining Mental Capacity)

29
Q

what is the legal assessment of mental capacity?

A
  • Presumption of Mental Capacity;
  • Exhaustion of Clinical Options;
  • Unwise Decision NOT Lack of Mental Capacity;
  • Act in Patient’s Best Interests; and
  • Prioritisation of Patient’s Rights & Freedom of Action
30
Q

what does fraser guidance assess?

A

• Comprehension of Clinical Advice;
• Non-Persuadable on Parental Involvement;
• Threat to Physical and/or Mental Health; and
• Clinical Advice and Clinical Treatment in Minor Patient’s
Best Interests