Legal Aspects of Consent Flashcards
Consent to treatment means what?
Consent to treatment means person must give permission before they receive any type of treatment, test or examination:
- Clinician must explain what it is
- Consent from patient is needed regardless of procedure
- Principle of consent is important part of medical ethics and international human rights law
What are different kinds of consent?
- Implied or verbal agreement for non-invasive treatments
- Express consent for minor or routine investigations
- Written consent for procedures that involve higher risk such as surgery
What kind of consent is needed for non-invasive treatments?
Implied consent
What kind of consent is needed for minor or routine investigations?
Express consent
What kind of consent is needed for procedures that involved higher risk such as surgery?
Written consent
Examinations of intimate zones with lack of adequate consent can lead to what?
Accusations of indecent assualt
Examations or treatment without adequate consent can lead to what?
Accusations of common assualt
All intimate examinations require what?
A chaperone
Any consent must be informed consent, what does this mean?
- Meaning patient should be informed of practicalities of procedures, the benefits and risks involved and if they refuse
Describe how consent is obtained?
- Listen to patient and respect views
- Discuss diagnosis, prognosis and treatment
- Share with patients information they want or need to make decisions
- Maximise patients opportunities and ability to make decisions (autonomy)
- Respect patients decisions
Can doctors pressure patients to choose what they believe to be their best option?
Doctor must recommend option they believe to be best for patient, but must not pressure patient to accept (no coercion)
Does a doctor have to provide treatment that the patient requests?
If patient asks for treatment doctor believes to not be beneficial the doctor does not have to provide, but must explain their reasons to the patient
All decisions should be recorded where?
In medical records or on consent form
Why should you check if patients wish to go ahead with treatment even if they have previously consented?
- May have changed mind
- May have been material change in patients condition
Consent depends on what?
Consent depends on capacity:
- Only patients with capacity can consent