informed consent Flashcards
what ways can you work in partnership with the patient?
• 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;
what are the basis of pharmacist’s partnership with patient?
openness
mutual trust
good communication skills
what is the check list for patient informed consent?
- Full Clinical Explanation;
- Option to Refuse Consent; and
- Monitoring of Behavioural Signs from Patient
what approach would you use to provision of clinical information and treatment options?
• 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
what are forms of clinical hazards?
- Clinical Side Effects;
- Clinical Complications; and
- Failure of Clinical Investigation or Clinical Treatment
how do you delegate clinically responsibility for informed consent?
- Clinically Trained & Professionally Qualified;
- Professional Knowledge & Clinical Skill;
- Knowledge of Potential Clinical Hazards & Side Effects; and
- Experience in Approved Clinical Practice
what is the clinical basis for acquisition of patients informed consent?
- Clinically Complex & Significant Clinical Risks;
- Significant Personal Implications;
- Provision of Clinical Care NOT Primary Purpose; and
- Research Programme or Innovative Clinical Plan
what is the clinical requirement for updated patient informed consent?
- Significant Time Lapse;
- Material Change;
- Availability of Additional Clinical Information
how do you clinically assess a patient of mental capacity?
- Understand Clinical Information;
- Retain Clinical Information;
- Comprehend Clinical Information; and
- Communicate a Personal Decision
what are the clinical precautions for changes in patient mental capacity?
- Clinical Discussions with Mentally Competent Patient;
- Assist Patient Memory & Recall; and
- Confidential Consultations with Clinical Team & Patient Family
who are the clinical team assessment of patient mental capacity?
- Clinical Care Team;
- Clinical Support Staff; and
- Clinical Specialists
how do you clinically decide and mentally incompetent a patient?
- Prioritise Patient’s Best Interests;
- Respect Patient Individuality;
- Encourage and Support Patient Decision-Making; and
- Prevent Patient Discrimination
what are the factors for clinical assessment of mental capacity?
- 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;
what are the factors for clinical assessment of mental capacity?
- Patient’s Legal Power of Attorney;
- Expressed Views of Patient Family & Next of Kin; and
- Professional Opinions of Clinical Care Team
what does a patient with mental capacity have the legal right to?
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.
what is a pharmacist who treats a patient without informed consent guilty of?
tort of battery
what is the constituent elements of the tort of battery?
a Pharmacist must acquire the Patient’s Informed Consent for any
Clinical Investigation, Invasive Procedure or Clinical Treatment
what is the tort of battery and assault?
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.
what are the legal requirements for patient informed consent?
• 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
what are the legal forms of infomred consent?
- Express Consent; and
* Implied Consent
what are the different approaches to disclosure of clinical information and acquisition of informed consent?
- Pharmacist-Centred Approach; or
* Patient-Centred Approach
what is the legal test of materiality?
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.
what does ln Re F mean?
(Legal Distinction between Mental Disability & Mental Illness)
what is ln Re C?
(Mental Illness NOT Absence of Mental Capacity)
what is ln Re MB?
(Extreme Clinical Condition Form of Undue Influence)
ln Re B?
(Right to Refuse Clinical Treatment as Mental Capacity NOT
Clinically Impaired)
what is ln Re T?
(Undue Influence of Patient’s Close Relative negates Patient Mental Capacity
what is the legislative framework regarding mental capacity?
S.2(1) Mental Capacity Act 2005
(Legal Test for Mental Capacity)
S.3(1) Mental Capacity Act 2005
(Legal Criteria Defining Mental Capacity)
what is the legal assessment of mental capacity?
- 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
what does fraser guidance assess?
• 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
