Law - Consent Flashcards
What is the moral significance of consent
Respect for patients autonomy
Protect the patient = best person to do this is the patient
What is the legal significance of consent
Autonomy
Rules that protect & govern bodily integrity
Ie. Patients may not make the best medical decision, but its the best decision for them
What is the difference between battery and negligence
Battery: Non-consentual touching + consent obtained fraudulently even if patient not harmed or has benefitted
Negligence = Patients must prove they wouldnt have consented if they had known the risks. Patient must have been harmed.
How do you obtain consent
Provide information
Assess competency
Assess if its a voluntary decision
Patient has to make the decision
What is the law about giving information
No battery if patient informed in broad and general terms
No negligence if it passes Bolam test
What is the Mental Capacity Act of 2005
Introduces concept of substituted decision making
Clarifies law with incapacitated
Understand - Retain - Weigh info - Communicate decision
What are some exceptions to consent
Emergency treatment
Patient waiver
Public health requirements
Implied consent eg. BP/temp
Who has parental responsibility
Mum
Father if married at time of insemination
Unmarried father + step parents can be given PR if consented by mother + court
What can under 18’s consent to
Can consent to treatment + refuse treatment
Consent to treatment = can be overruled by court but not pR
Refusal of treatment = can be overruled by court + PR
What is Gillick Competence
If child has sufficient understand & maturity to understand the nature of medical treatment + consequences
What are the Fraser Guidelines
HCP cannot inform parents child is taking contraceptives
Young person likely to continue having sex with/without contraceptives
If a child is competent, will he/she be competent for all treatments
No, competency assessed individually. More complicated treatment would require more competency ie. higher degree of understanding
What occurs if child is not Gillick/Fraser competent
Obtain consent/refusal from PR
Court can overrule PR
PR cannot demand treatment that is not in best interest of child
