Legal Aspects of Consent

Question 1

How are decisions regarding care recorded?

Answer 1

Decisions should be recorded using either the patients medical records or a consent form to record the key elements of the discussion with the patient

Question 2

What are the possible obstacles to capacity?

Answer 2

Impaired intellectual/mental capacity
Intoxication (drugs or alcohol)
Unconsciousness
Communication difficulties-hearing impaired, mute, language
Age

Question 3

How is an impairment of judgement caused by alcohol or drug intoxication dealt with?

Answer 3

Ideally wait until the patient has sobered up to deliver any care. If in a life threatening situation, healthcare professionals may act on the behalf of the patient to perform a procedure in their best interest

Question 4

When can under 16s give consent and what is this called?

Answer 4

Children under the age of 16 are able to consent to their own treatment if they are believed to have sufficient intelligence, competence and understanding to fully appreciate what is involved in their treatment. This is referred to as Gillick competence