Medical Ethics and Law - Consent

Question 1

What does a patient need to give consent to a particular form of treatment?

Answer 1

• All the information to make an informed decision
• One that can be understood, weighed up and recalled
• Personal circumstances

Question 2

What are the 2 types of paternalism?

Answer 2

• HARD - doctor makes decision on behalf of patient who is able to make that decision themselves
• SOFT - same action but for a patient who wouldn’t be able to make that decision themselves

Question 3

What should be considered in terms of ‘justice’?

Answer 3

• Language barriers
• Individuals with specific home or personal circumstances
• Individuals who may need more support to make a decision
• Basically, being aware that other people have different requirements/different circumstances

Question 4

Outline what occurred in the MONTGOMERY vs Lanarkshire Health Board case.

Answer 4

• Patient was diabetic so baby grew in size and shoulder dystocia occurred
• Led to obstetric emergency
• Umbilical cord compressed so hypoxia - son developed cerebral palsy
• Patient was not offered an alternative and not warned of this risk

Question 5

Outline difference between battery and negligence.

Answer 5

• BATTERY - No consent at all e.g simon bramhall
• NEGLIGENCE - there is consent - but acts differently to what was told to patient/insufficient information given to pateint e.g ian paterson

Question 6

What is required for consent to be valid?

Answer 6

• Person is competent, not subject to coercion and is sufficiently informed

Question 7

How can patients be empowered during consent conversations?

Answer 7

• Making sure they know what their options are, what the pros and cons
• Teach back - asking the patient to explain back everything they’ve understood - not a memory test you can PROMPT them