PROFESSIONALISM - Informed Consent Flashcards
What role does consent play in a veterinary practice?
In a veterinary practice, consent is an; agreement allowing veterinary treatment to proceed; a contract which sets out a financial agreement between the client and veterinary practice; and protection for the veterinay surgeon and practice against claims of ‘trespass’ as consent allows for interference with someone else’s property
Who is typically referred to as the client in a veterinary setting?
The client is the individual who brings the animal into the veterinary practice for treatment (the client does not have to be the owner of the animal)
What specific information should be provided to a client to gain informed consent for veterinary treatment?
Proposed treatment (including exactly what it involves and the likely outcome)
Any alternative treatment options available
Risks involved with the treatment
Benefits of the treatment
Cost of the treatment
Why is it important for consent to be a process rather than a single event in veterinary practice?
Consent should be a process rather than a single event to allow the client to process the information given to them, ask questions and ensure there are provisions for ongoing consent
When should the consent discussion take place in veterinary practice?
For non-urgent procedures, the consent discussion should take place in advance of the day of the procedure/treatment
Who can give consent to a veterinary procedure?
Owner
Anyone who has been given authority by the owner
Anyone with statutory authority
What are the two classifications of authority that can be granted by the owner to give consent?
Informal authority (family and friends)
Formal authority (trainer, livery owner, boarding establishment owner)
What is the procedure for ensuring there has been informal authority granted by the owner to a family member or friend bringing an animal to a veterinary practice for treatment?
The veterinary surgeon simply needs to ask if the client bringing in the animal has received authority from the owner to consent to the treatment/procedure. If the client says yes, legally no further investigation or proof is required, their verbal confirmation is sufficient
What is the procedure for ensuring there has been formal authority granted by the owner to a business bringing an animal to a veterinary practice for treatment?
The business contract between the owner of the animal and the business owner gives the business owner the authority to give consent for the animal to receive veterinary treatment, so as veterinary surgeons we can take it that if they’re running a business in which that animal is involved, the client has authority from the owner
How do you determine if a client has the mental capacity to give consent for veterinary treatment?
The client understands the information relevant to the decision
The client can retain the information
The client can use or weigh up the information
The client can communicate the decision (by any means)
The client can remember the decision made
What is the procedure - according to the RCVS guidelines - if the veterinary surgeon decides the client lacks the mental capacity to give consent?
If the client lacks the mental capacity to give consent, veterinary surgeons should try to determine whether someone is legally entitled to act on that person’s behalf, such as someone who may act under a valid lasting power of attorney or enduring power of attorney. If there is no such person, veterinary surgeons should act in the best interest of the animal. It may be useful to discuss the case with someone close to the client, such as a family member, friend or carer
IMPORTANT:Since no consent given, cannot guarantee payment for treatment
Who should be responsible for seeking consent from the client for veterinary treatment?
Ideally the veterinary surgeon who will perform the procedure, but they can delegate the responsibility to someone else, provided the veterinary surgeon is satisfied the person they delegate to is sutiably trained and has sufficient knowledge of the proposed procedure or treatment, and understands the risks involved
Who are the most sutiable members of staff to delegate the responsibility of gaining consent from the client?
Another veterinary surgeon
Registered veterinary nurse
Student veterinary nurse
Explain the role of the consent form in the consent process
The consent from provides a record of the consent conversation as well as acts as a written record of the financial agreement between the client and veterinary practice
Which three requirements for a consent form to act as a written record of the financial agreement between the client and the veterinary practice?
- A written estimate of the fees detailed on the consent form itself or on an attached document
- Client must have the mental capacity to give consent and enter a financial contract
- Client must be over the age of 18 (in England) or 16 (In Scotland) to enter a financial agreement and over 16 (in both countries), to own an animal and give consent