MEDICAL ETHICS III: Consent; Sexual Crimes; Sexual Health; Abortion Flashcards
What is capacity
Patients who have capacity (that is, who can understand, believe, retain and weigh the necessary information) can make their own decisions to refuse treatment, even if those decisions appear irrational to the doctor or may place the patient’s health or their life at risk.
What is incapable
Incapable of acting on decisions; or
making decisions; or
communicating decisions; or
understanding decisions; or
retaining the memory of decisions.
in relation to any particular matter due to mental disorder or inability to communicate because of physical disability.
Power of Attorney
whilst they have capacity, can grant someone they trust powers to act as their continuing (financial) and/or welfare attorney.
. A continuing (financial) power of attorney continues or commences (where specified) on the granter’s loss of capacity. A welfare power of attorney only comes into effect in the event of the granter’s loss of capacity.
Impairment by drugs/alc. or unconsciousness
If possible wait until the patient has sobered up/regained consciousness before commencing treatment.
In a life-threatening situation, healthcare professionals may act on the behalf of the patient to perform a procedure in their best interest.
Gillick Competent
Children under the age of 16 can consent to their own treatment if they’re believed tohave enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment- Gillick competent.
Overruling consent in young people
If 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).
*parents refusal = go through courts
Sexual Offences (Scotland) Act 2009
sexual assault by penetration” and other sexual offences.
- rape
- sexual assault by penetration
- sexual coercion: forcing observation or engagement 3rd person.
- communicating indecently, sexual exposure
- exposure
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* CONSENT IS NOT GIVEN
GMC Confidentiality guidance on Serious Communicable Diseases 2017
You may disclose information to a person who has close contact with a patient who has a serious communicable disease if you have reason to think that:
the person is at risk of infection that is likely to result in serious harm
the patient has not informed them and cannot be persuaded to do so.
Abortion in Scotland
*nowhere in scotland offers 20w+ abortion
- greater gestation = more vulnerable
- majority are medical
Medical Abortion
> mifepristone
- 24-48hr vaginal/sublingual/buccal route
- home/hospital
> sx abortion
- manual vaccuum aspiration
- suction abotion
- dilatation and evacuation
