LAW 1: Consent, Capacity and Refusal in Adults

Question 1

What can acting without consent lead to?

Answer 1

• criminal offence (assault and battery)

- civil action from pt (claim for damages)

Question 2

what are the exceptions to consent?

Answer 2

• Emergency: no time ask, act in BI
• implied consent through pt actions
• Waiver: some pt don’t want to hear details, just commence
• BI: if not possible to gain consent/lack capacity

Question 3

what does valid consent require?

Answer 3

competence (given without coersion)

Question 4

what can competent people do?

Answer 4

1. understand the info
2. retain the info
3. use the info to make a decision
4. communicate the decision

Question 5

what are the competence presumptions?

Answer 5

• Adults (16+): assumed to be competent unless evidence suggests otherwise
• Children (<16): assumed to lack competence unless evidence suggests otherwise

Question 6

Can patients refuse treatment?

Answer 6

• if competent have an absolute right to
• if pt fails to meet any of the competence criteria, cannot give valid consent, act in BO
• no one can grant consent on behalf of adult lacking capacity unless they have been granted specific legal authority by court of protection