Lecture 1 - Consent, Autonomy And Capacity Flashcards
What is Gillick competence?
When a child under 16 is competent enough to make their own medical decisions
Can a Gillick competent child’s refusal of treatment be overridden?
Yes if its in the best interest of the child
What is needed for informed consent to be valid?
Info must be given of the treatment options
Significant risks should be explained
Patient needs to be competent and have capacity to make clear decisions
They need to be free from external pressures
Post treatment risks and options given
Patient needs time for reflection
What are the ways consent can be given?
Implication
Verbally
Written
What is the Montgomery case?
Where Mrs Montgomerys Dr failed to tell her when she was pregnant that as a consequence of her diabetes her child risked shoulder dystopia during a vaginal delivery
He didn’t feel comfortable providing the option of a Caesarian section
What is capacity?
Ability to make an informed decision
What contributes to a patients capacity?
Can express a choice
Can understand and process info sufficiently
Ability to communicate decision
Can the court consent on behalf of an incompetent adult patient?
Yes if its the patients best interests
When can a Dr treat a child?
Child is competent and consents
Parents consents
Court declares treatment lawful
Common law doctrine of necessity applies (patient unconscious and going to lose a limb)
What circumstances can a 16 or 17 year olds decision regarding treatment be overridden?
If someone with PR gives consent (like a mother)
Parents can consent if its in the child’s best interest
Courts have autonomy for a in or in some circumstances
What is confidentiality?
When one persons discloses information to another in circumstances where its reasonable to expect that the information will be held in confidence
