Lecture 1: Medical Consent - Adult Patients

Question 1

What is Consent?

Answer 1

permission for something to happen or agreement to do something

Defence to battery

Question 2

Every human being of adult years and sound mind has a
right to determine what shall be done with his own body;
and a surgeon who performs an operation without his patient’s consent commits [a battery] for which he is liable in damages

True or false?

Answer 2

True

Question 3

What is the Right to Self-Determination?

Answer 3

the right to decide what can or cannot happen to one’s body

Question 4

WHAT IS A ‘TORT’?

Answer 4

A civil wrong for which the law provides a remedy to the injured party

Question 5

What is the aim of Tort Law?

Answer 5

To compensate aggrieved party

Question 6

Define Tort of Battery

Answer 6

A direct and intentional application of unlawful

physical contact

Question 7

The Right to Self-Determination is essentially a right to refuse (and not a right to demand treatment)

True or false?

Answer 7

True

Question 8

Autonomy and the right to self-determination do not entitle the
patient to insist on receiving a particular medical treatment
regardless of the nature of the treatment

True or false?

Answer 8

True

Question 9

What are Special circumstances for the Right to self determination?

Answer 9

Blood transfusions

Caesarean section

Amputation of health limbs

Question 10

If a woman is deemed to have capacity to consent refuses assisted delivery or caesarean section,
even after full consultation and explanation of the consequences for her and for her foetus,
her wishes must be respected

True or false?

Answer 10

True

Question 11

What are exceptions to Consent ?

Answer 11

Emergency cases

The treatment provided should not go beyond what is required by the exigencies of the situation

Question 12

What are Forms of Consent?

Answer 12

• Express
• Implied

Consent does NOT need to be in writing

Question 13

Consent does NOT need to be in writing

True or false?

Answer 13

True

Question 14

What are the Preconditions of Valid Consent?

Answer 14

1. Competence
2. Voluntariness
3. Information

Question 15

What is Competence?

Answer 15

To exercise the. right to self-determination

Question 16

What does the Mental Capacity Act 2005 state?

Answer 16

Section 1- To exercise the right to self-determination
Section2 - Definition of Incapacity
Section3- A person is unable to make a decision for himself if he is unable to:

• understand the information relevant to the decision; retain that information;
• use or weigh that information as part of the process of making the decision; or
• to communicate his decision

Section 4- best interests

Question 17

Define Incapacity

Answer 17

A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain

Question 18

A person is unable to make a decision for himself if he is unable to?

Answer 18

• understand the information relevant to the decision;
• retain that information;
• use or weigh that information as part of the process of making the decision; or
• to communicate his decision

Question 19

What are the 2 stages to define incapacity ?

Answer 19

1) Must establish that the person is suffering from “an impairment of, or a disturbance in the functioning of, the mind or brain”
and
2) Necessary to work out whether he is able to make a decision for himself

Question 20

Fear may destroy the capacity to make a decision

True or false?

Answer 20

True

Question 21

For incompetent adults, how do you make decisions?

Answer 21

The best interests test is applied

Question 22

What should Decision-makers do?

Answer 22

Decision-makers must look at the patient’s welfare in the widest sense, not just medical but social and psychological; …
they must try and put themselves in the place of the individual patient and ask what his attitude to the treatment is or would be likely to be, and they must consult others who are looking after him or interested in his welfare, in particular for their view of what his attitude would be

Question 23

What is Voluntariness?

Answer 23

Freedom from coercion or undue influence

Question 24

When is Consent considered REAL ?

Answer 24

Once the patient is informed in broad terms of the nature of the procedure which is intended and gives her consent, that consent is REAL

Question 25

To be valid, consent needs?

Answer 25

Consent need not be fully informed to be valid

It would only have to be “REAL”

Question 26

Valid Consent =?

Answer 26

REAL consent

Question 27

What is Negligence?

Answer 27

Failure to go into risks and implications is negligence

Question 28

Without consent, any physical contact is?

Answer 28

Battery

Question 29

Consent operates as ?

Answer 29

A defence to battery

Question 30

What are the preconditions of a valid consent?

Answer 30

1- Competence

2- Voluntariness

3- Knowledge of the broad nature of a proposed procedure

When all 3 requirements are met, no action for battery can succeed

Question 31

Consent is not required in an emergency

True or false?

Answer 31

True