legal aspects of consent Flashcards
consent to treatment
person must give permission before receiving any type of medical treatment, test or examination
done on basis of explanation from clinician
expressions of consent
implied e.g. BP, ECG
expressed e.g. blood test, ABG
written e.g. surgert
informed consent
- practicalities of procedure
- benefits/risks of procedure
- benefits/risks not having procedure
- alternative management options
when is reviewing decisions esp important
- signif time passed since initial decision made
- material changes in patient’s condition
capacity
understand, believe, retain, weigh necessary info
assessment of capacity
time and descision specific
obstacles to capacity
- mental/intellectutal capacity impaired
- age
- unconscious
- intoxication drugs, alcohol
- communication difficulties: hearing impaired, mute
power of attorney
individuals can grant someone they trust powers when they still have capacity
financial and/or welfare
incapable means incapable of
acting on desicions
making decisions
communicaion decisins
retaining memory of decisions
principles of incapacity act
- actions/decisions must benefit patient
- least restrictive option
- take into account wishes of patient
- consultation with relevant others
- encourage them to use existing skills and develop new skills