L3 consent for procedure

Question 1

what is civil law

Answer 1

Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim
-Examples where civil law applies include cases of negligence or malpractice.

Question 2

what is criminal law

Answer 2

It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people
-Examples of criminal law include cases of burglary, assault, battery and cases of murder.

Question 3

what is the difference between civil law and criminal law

Answer 3

criminal law - End result for criminal law are: Conviction and punishment - require intention
civil law - no intention required. Treat them without consent, constitute a civil assault. end result compensation

Question 4

what r the things you need to ensure for written consent

Answer 4

1. Always ensure consent form is filled in.
   
   2. If a pt want to alter the consent form in any way, get the practitioner involved.
   3. If a pt ask question what is going to be done, get practitioner. This suggest the pt is not fully understand about the procedure.
      Pt refuse to sign, let the doctor, administration know. If the doctor perform without consent, it is legal. It is policy to get consent before treatment.

Question 5

what r the elements for valid consent

Answer 5

Elements for valid consent:
- Person giving consent have legal capacity to give consent. E.g. adult years, person understand fully, the nature of the treatment. 16-18 young person, 14-16 ability to give treatment is grey area.

- Up to age of 14 yrs, need consent of parental guardian (1 is enough). 
- 14-16 yrs old, legislation policy: they are able to make decision that are beneficial to them, can make consent without parental input. E.g. ring parents if they don’t want to, illegal. 
- 16-18 yrs old, ability to make or with hold consent. 
- Intellectual disability: general subject to guardian, legal guardian required even he/she is adult, in duration of intellectual disability.

Question 6

consent for voluntary mental illness

Answer 6

Voluntary mentally ill: right to give consent. If you believe you have mental illness, they can admit as voluntary patient to a correct place, retain the right to consent treatment.

Question 7

consent for involuntary mental illness

Answer 7

Involuntary mentally ill: delusional, risk to themselves and others. Involuntary, no capacity to give or withhold consent.

Question 8

can you give organ if you say yes

Answer 8

not really. Human tissue legislation: depend your legal available next of kin not the subject.

Question 9

Consent must be freely and voluntarily given.

Answer 9

T

Question 10

Any consent form must be specific to the treatment delivered and properly informed.

Answer 10

T

Question 11

can you give blood transfusion to a child without consent in a critical time

Answer 11

yes, if blood transfusion is part of intervention, and it is neccessary for the child life.

Question 12

if a practitioner ask you to get consent form from a pt, do you do it

Answer 12

no, need the practitioner. but witness for signature is okay=witness the pt is freely and voluntarilly signed the form