Legal aspects of consent Flashcards
What is consent Who requires consent Expressions of consent How is consent obtained What is capacity Obstacles to capacity Legal framework of consent
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What is consent
Giving permission before recieving any treatment or test, after the procedure has been explained to them to their full understanding
Ways consent can be given
Verbal
Written
All intimate examinations require the presence of a
chaperone
Inform the patient and document this request
Any consent obtained should be informed - what does this mean (3)
The patient/individual should be informed of
- the practicalities of procedure (context of procedure)
- benefits/risks of procedure
- what will happen if procedure not done or refusal of treatment
- alternatives
Medical decisions should be made a partnership with your patient
How should this be done
Listening and respecting patient’s views
Discussing their diagnosis, prognosis and treatment
Sharing information they want or need in order to make decisions
Maximising autonomy - doctor can recommend an option but can’t pressure patient
Doctor should use their specialist knowledge, alongside patient’s views to identify best way forward
What is capacity
The ability to understand, believe, retain and weigh the necessary information to make their own decisions and to refuse treatment, even if those decisions appear irrational
Someone’s capacity can change or be temporarily affected by what things
Impaired intellectual/mental capacity
Intoxication (drugs or alcohol)
Unconsciousness
Communication difficulties -hearing impaired, mute, language barrier
Age
Making decisions about treatment and care for patients who lack capacity is governed in England and Wales by what act, and in Scotland by what act?
Mental capacity act 2005
Adults with Incapacity (Scotland) Act 2000
For the purposes of the Mental capacity act 2005 or Adults with Incapacity (Scotland) Act 2000, ‘incapable’ means
Incapable of
- acting on decisions OR
- making decisions - communicating them or understanding them or retaining memory of them OR
Who can make a decision for someone lacking capacity
Power of attorney
If a person does not have the capacity to make a decision about their treatment and they have not appointed a lasting power of attorney, who makes the decision
healthcare professionals treating them can administer treatment if they believe it’s in the person’s best interests
Clinicians must take reasonable steps to discuss the situation with the person’s friends or relatives before making these decisions
How old do you have to be to consent to your own treatment
16
What is gilick competence
Children under the age of 16 can still consent to their own treatment if they’re believed tohave enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment
When can consent be overruled in a young patient
a young person refuses treatment, which may lead to their death or a severe permanent injury, their decision can be overruled by the Court of Protection - the legal body that oversees the operation of the Mental Capacity Act (2005)
