Week 6: Consent to Treatment Flashcards
Define:
Power of Attorney
A legal document allowing one person to make decisions on behalf of another, which can include financial and medical matters.
What is…
A process in which a patient helps make decisions for their health based on information provided by the healthcare professional.
Informed Consent
Define:
Age of Majority Act 1977 (Vic)
Legislation defining the age at which a person legally becomes an adult and can make their own decisions.
Define:
Autonomy
The principle allowing individuals to make independent decisions about their own lives and bodies.
What is…
Legislation allowing individuals to make advance directives about their medical treatment and appoint medical decision makers.
Medical Treatment Planning and Decisions Act 2016 (Vic)
What is…
A legal document specifying a person’s wishes for medical treatment, which may include instructional and values directives.
Advanced Care Directive
Define:
Medical Treatment Planning and Decisions Act 2016 (Vic)
Legislation allowing individuals to make advance directives about their medical treatment and appoint medical decision makers.
Define:
Implied Consent
Consent that is inferred from a patient’s actions, such as holding out an arm for a blood pressure check.
What is…
Coercion or threats used to compel someone to act against their will, which invalidates consent.
Duress
What is…
Care aimed at providing relief from symptoms and improving the quality of life for patients with serious illness, which may sometimes be provided without explicit consent if the patient lacks decision-making capacity.
Palliative Care
What is…
An attorney appointed to assist a competent person in making decisions and acting on those decisions.
Supportive Attorney
What is…
A Power of Attorney effective only for a specific period or situation, such as while the person is abroad.
Non-Enduring Power of Attorney
Define:
Palliative Care
Care aimed at providing relief from symptoms and improving the quality of life for patients with serious illness, which may sometimes be provided without explicit consent if the patient lacks decision-making capacity.
What is…
The ability of an individual to make their own legal decisions, typically assessed by their mental competence.
Legal Capacity
What is…
Orders to withhold cardiopulmonary resuscitation (CPR) in cases where it is deemed futile or unwanted by the patient or their decision maker.
Not for Resuscitation (NFR) / Do Not Resuscitate (DNR)
Define:
Voluntary Assisted Dying Act 2017
Legislation allowing terminally ill patients to request and receive assistance to end their lives under strict legal conditions.
What is…
Providing false or misleading information, which can invalidate consent if the patient is deceived.
Misrepresentation
Define:
Common Law
Law developed through decisions of courts and similar tribunals, as opposed to statutes or written laws.
What is…
The use of physical or chemical means to restrict a patient’s movement, which must be used according to guidelines and reviewed frequently to ensure necessity and compliance with legal and ethical standards.
Restraint
What is…
Legislation defining the age at which a person legally becomes an adult and can make their own decisions.
Age of Majority Act 1977 (Vic)
Define:
Supportive Attorney
An attorney appointed to assist a competent person in making decisions and acting on those decisions.
What is…
The legal principle allowing children under 16 to consent to medical treatment if they demonstrate sufficient understanding and maturity.
Gillick Competence
Define:
Informed Consent
A process in which a patient helps make decisions for their health based on information provided by the healthcare professional.
Define:
Not for Resuscitation (NFR) / Do Not Resuscitate (DNR)
Orders to withhold cardiopulmonary resuscitation (CPR) in cases where it is deemed futile or unwanted by the patient or their decision maker.
Define:
Restraint
The use of physical or chemical means to restrict a patient’s movement, which must be used according to guidelines and reviewed frequently to ensure necessity and compliance with legal and ethical standards.
Define:
Mental Health and Wellbeing Act 2022 (Vic)
Legislation addressing mental health and wellbeing, including considerations for legal capacity and consent.
What is…
Law developed through decisions of courts and similar tribunals, as opposed to statutes or written laws.
Common Law
Define:
Written Consent
Consent confirmed through a signed document, summarizing what has been discussed verbally.
Define:
Non-Enduring Power of Attorney
A Power of Attorney effective only for a specific period or situation, such as while the person is abroad.
Define:
Negligence
A legal claim for failure to take proper care in performing an action, resulting in harm to another person.
What is…
Consent that is inferred from a patient’s actions, such as holding out an arm for a blood pressure check.
Implied Consent
What is…
Consent is a patient’s agreement for a healthcare professional to provide them with treatment, including medical or surgical management, care, diagnostic tests, or procedures.
Consent
Define:
Guardianship and Administration Act 2019 (Vic)
Legislation providing for the appointment of guardians or administrators to make decisions on behalf of individuals who are unable to do so themselves.
What is…
Legislation providing for the appointment of guardians or administrators to make decisions on behalf of individuals who are unable to do so themselves.
Guardianship and Administration Act 2019 (Vic)
What is…
Consent confirmed through a signed document, summarizing what has been discussed verbally.
Written Consent
What is…
An intentional act that causes someone to fear harm, even if no physical contact is made.
Assault
Define:
Misrepresentation
Providing false or misleading information, which can invalidate consent if the patient is deceived.
What is…
A legal document allowing one person to make decisions on behalf of another, which can include financial and medical matters.
Power of Attorney
What is…
Consent given through spoken words, such as a patient saying “yes” or “no.”
Verbal Consent
Define:
False Imprisonment
The unlawful restraint of a person’s freedom of movement, which can include physical or psychological restraint.
Define:
Battery
The intentional act of causing physical harm to someone, which can include touching without consent.
What is…
The principle allowing individuals to make independent decisions about their own lives and bodies.
Autonomy
What is…
The intentional act of causing physical harm to someone, which can include touching without consent.
Battery
Define:
Duress
Coercion or threats used to compel someone to act against their will, which invalidates consent.
Define:
Advanced Care Directive
A legal document specifying a person’s wishes for medical treatment, which may include instructional and values directives.
What is…
Legislation allowing terminally ill patients to request and receive assistance to end their lives under strict legal conditions.
Voluntary Assisted Dying Act 2017
Define:
Verbal Consent
Consent given through spoken words, such as a patient saying “yes” or “no.”
Define:
Enduring Power of Attorney
A type of Power of Attorney that remains effective even if the person who appointed it becomes unable to make decisions for themselves.
Define:
Legal Capacity
The ability of an individual to make their own legal decisions, typically assessed by their mental competence.
What is…
The unlawful restraint of a person’s freedom of movement, which can include physical or psychological restraint.
False Imprisonment
Define:
Consent
Consent is a patient’s agreement for a healthcare professional to provide them with treatment, including medical or surgical management, care, diagnostic tests, or procedures.
Define:
Gillick Competence
The legal principle allowing children under 16 to consent to medical treatment if they demonstrate sufficient understanding and maturity.
What is…
Legislation addressing mental health and wellbeing, including considerations for legal capacity and consent.
Mental Health and Wellbeing Act 2022 (Vic)
Define:
Assault
An intentional act that causes someone to fear harm, even if no physical contact is made.
What is…
A type of Power of Attorney that remains effective even if the person who appointed it becomes unable to make decisions for themselves.
Enduring Power of Attorney
What is…
A legal claim for failure to take proper care in performing an action, resulting in harm to another person.
Negligence
What is the purpose of The Wrongs Act 1958 (Vic)?
It deals with civil liability for personal injury and negligence.
Which Act provides for advance directives for medical treatment in Victoria?
The Medical Treatment Planning and Decisions Act 2016 (Vic).
What does the Crimes Act 1958 (Vic) cover?
It covers criminal offenses, including those related to consent and bodily harm.
In which case was the legal principle of informed consent most prominently established?
Rogers v Whitaker (1992) 175 CLR 470.
What is the main focus of the Mental Health and Wellbeing Act 2022 (Vic)?
It addresses the treatment and care of individuals with mental health issues, including consent and capacity.
What is implied consent?
It is consent that is inferred from a patient’s actions, such as extending an arm for blood pressure measurement.
What is verbal consent?
Consent given through spoken words, such as saying “yes” or “no.”
What is written consent?
A formal consent documented on a form, confirming verbal discussions.
What is the legal requirement for consent to be considered valid?
It must be freely and voluntarily given, informed, and given by someone with legal capacity.
What happens if consent is given under duress?
The consent is not considered valid and may be challenged legally.
What is the significance of the Age of Majority Act 1977 (Vic)?
It establishes the age at which an individual is legally considered an adult (18 years old) and thus has the capacity to consent.
What is the role of a substitute decision maker under the Medical Treatment Planning and Decisions Act 2016 (Vic)?
To make medical treatment decisions on behalf of individuals who lack decision-making capacity.
What does the Guardianship and Administration Act 2019 (Vic) provide for?
It allows for the appointment of guardians or administrators to make decisions for individuals who are unable to make decisions due to disability.
What are the key elements required for valid consent?
Consent must be freely and voluntarily given, informed, and given by someone with legal capacity.
What constitutes battery in a medical context?
The intentional act of causing physical harm to someone without their consent.
What is false imprisonment?
Unlawful restraint of a person’s freedom to move, which can occur even without physical restraint.
What does the Powers of Attorney Act 2014 aim to achieve?
It clarifies and consolidates Victoria’s enduring powers of attorney laws and introduces protections against abuse.
How does an advance care directive differ from a values directive?
An advance care directive includes binding instructions about specific treatments, while a values directive outlines the person’s values and preferences for decision-makers.
Under what circumstances can a patient’s consent be considered invalid?
If it is given under duress, with misrepresentation, or if the patient is not of sound mind.
What is voluntary assisted dying?
It refers to a legal process allowing individuals suffering from incurable conditions to request medication to end their life.
Which legislation allows a competent patient to appoint a medical treatment decision maker?
The Medical Treatment Planning and Decisions Act 2016 (Vic).
What does the Human Tissue Act 1982 (Vic) govern?
It regulates the use of human tissue for medical and research purposes.
What is the role of the Victorian Civil and Administrative Tribunal (VCAT) under the Guardianship and Administration Act 2019 (Vic)?
VCAT can appoint guardians or administrators for individuals who cannot make decisions due to disability.
What is required for consent to be considered informed?
The patient must receive and understand sufficient information about the treatment and its risks.
What happens if a patient withdraws consent after treatment has started?
The healthcare provider must stop the treatment as soon as it is safe to do so.
What is a Power of Attorney?
A legal document allowing a person to appoint someone else to make decisions on their behalf.
What is the effect of a DNR (Do Not Resuscitate) order?
It prevents the use of resuscitative efforts if the patient experiences cardiac or respiratory arrest.
What is the purpose of the Powers of Attorney Amendment Act 2016 (Vic)?
It amends the Powers of Attorney Act 2014 to allow for alternate attorneys and clarify parts of the original Act.
What constitutes “sound mind” in terms of consent?
A person who is mentally competent and capable of understanding the information related to the treatment.
When is a patient’s consent not necessary?
In emergency situations where the patient is unconscious and unable to provide consent, and immediate action is required to prevent loss of life.
What is informed consent?
Informed consent is a basic medical right allowing a patient to make independent decisions regarding their own body, based on sufficient information and understanding.
What legal issues might arise if a treatment is performed without consent?
Legal issues could include claims of negligence or battery.
What does assault involve in a medical context?
Assault involves the threat of physical contact or intimidation.
What is battery in the context of medical treatment?
Battery refers to touching someone without their permission.
What is false imprisonment?
False imprisonment involves restraining a person without their consent.
Who is responsible for obtaining consent for a medical procedure?
The person performing the procedure is responsible for obtaining consent.
What are the three types of consent?
Verbal Consent
Implied Consent
Written Consent
What are the four key elements of consent?
Freely and Voluntarily Given
Informed
Understanding
Legal Capacity
What is the significance of the case Bigs v George in relation to consent?
It highlights the importance of ensuring that patients understand the risks associated with their treatment.
What does legal capacity refer to in the context of consent?
Legal capacity means the patient must be an adult of sound mind, generally over the age of 18.
What does Gillick competence refer to?
Gillick competence refers to the ability of a minor to understand and make decisions about their own medical treatment.
What is the Age of Consent for medical procedures?
Medical consent typically requires an individual to be over 18 unless they are deemed Gillick competent.
In what situation may consent not be required?
In emergencies where immediate action is needed to prevent harm, such as during life-threatening situations.
Which of the following is NOT a key element of valid consent?
A) Freely and voluntarily given
B) Informed
C) Written
D) Coerced
D) Coerced
What must be ensured for consent to be considered informed?
A) The patient must sign a consent form
B) The patient must understand the procedure and its risks
C) The patient must verbally agree to the treatment
D) The procedure must be non-invasive
B) The patient must understand the procedure and its risks
Which type of consent involves a patient explicitly stating “yes” or “no”?
A) Written Consent
B) Implied Consent
C) Verbal Consent
D) Informed Consent
C) Verbal Consent
When is written consent typically required?
A) For non-invasive procedures
B) For emergency treatments
C) For invasive procedures
D) For routine check-ups
C) For invasive procedures
What is implied consent?
A) Consent given through a written document
B) Consent given by a verbal agreement
C) Consent suggested by a patient’s actions
D) Consent required by law
C) Consent suggested by a patient’s actions
What is the doctrine of necessity in relation to consent?
A) Consent is not required if the patient is unconscious
B) Treatment can proceed without consent if it is necessary to prevent harm
C) Consent must be obtained for all procedures regardless of circumstances
D) Only verbal consent is needed in emergencies
B) Treatment can proceed without consent if it is necessary to prevent harm
What does false imprisonment refer to in a medical context?
A) Performing a procedure without consent
B) Restraining a patient without their consent
C) Threatening physical harm
D) Misrepresenting the risks of a procedure
B) Restraining a patient without their consent
What is the key difference between withdrawal of treatment and refusal of treatment?
A) Withdrawal involves stopping treatment after it has begun; refusal involves not starting treatment
B) Withdrawal is temporary; refusal is permanent
C) Withdrawal requires new consent; refusal does not
D) Refusal can only occur in emergencies
A) Withdrawal involves stopping treatment after it has begun; refusal involves not starting treatment
What does ‘not for resuscitation’ (NFR) mean?
A) The patient does not want any treatment at all
B) The patient does not want to be resuscitated if they stop breathing or their heart stops
C) The patient wants only palliative care
D) The patient is asking for treatment but not resuscitation
B) The patient does not want to be resuscitated if they stop breathing or their heart stops
Which case illustrates the requirement for informed consent?
A) Lay v Sisters of Charity
B) Murray v McMurchie
C) Bigs v George
D) Rogers v Whittaker
D) Rogers v Whittaker
What can happen if a patient gives consent under duress?
A) The consent is valid and enforceable
B) The consent may be deemed invalid
C) The patient will be forced to proceed with the treatment
D) The patient’s decision is final
B) The consent may be deemed invalid
What is the significance of Gillick competence?
A) It determines the legal age for consent to medical procedures
B) It allows minors to consent to certain treatments if they have sufficient understanding
C) It outlines the responsibilities of medical practitioners
D) It provides guidelines for emergency treatment
B) It allows minors to consent to certain treatments if they have sufficient understanding
What are the legal implications of performing a medical procedure without consent?
A) Claims of negligence or battery
B) No legal consequences
C) Only breach of contract
D) Only breach of privacy
A) Claims of negligence or battery
What does the case Marshall v. The Queen establish?
A) The requirements for verbal consent
B) The doctrine of emergency in relation to consent
C) The validity of written consent
D) The process for appointing substitute decision-makers
B) The doctrine of emergency in relation to consent
How does refusal of treatment differ from ‘not for resuscitation’?
A) Refusal of treatment means not starting treatment; NFR means not performing specific resuscitation efforts
B) Refusal of treatment is always documented; NFR is verbal
C) Refusal of treatment applies only to palliative care; NFR applies to all treatments
D) NFR means refusing all treatments; refusal of treatment means refusing specific treatments
A) Refusal of treatment means not starting treatment; NFR means not performing specific resuscitation efforts
In which situation might parental authority be overridden?
A) When a parent refuses to sign a consent form for a minor’s treatment
B) When a parent requests a specific treatment for their child
C) When a parent refuses a life-saving treatment for their child
D) When a parent consents to experimental procedures
C) When a parent refuses a life-saving treatment for their child
What is required for consent to be legally valid?
A) The patient must be over 18 years old
B) The patient must be informed, understand, and have legal capacity
C) The consent must be in writing
D) The patient must verbally agree to the treatment
B) The patient must be informed, understand, and have legal capacity
What does the Mental Health and Wellbeing Act 2022 (Vic) provide regarding consent?
A) It establishes the age of consent
B) It allows for decision-making in cases of intellectual impairment
C) It outlines the process for emergency consent
D) It addresses the role of parental authority in consent
B) It allows for decision-making in cases of intellectual impairment
What is the role of substitute decision-makers under the Medical Treatment Planning and Decisions Act 2016 (Vic)?
A) To provide emergency medical care
B) To appoint a person to make medical decisions if the individual loses capacity
C) To review the patient’s consent form
D) To make decisions regarding the patient’s financial matters
B) To appoint a person to make medical decisions if the individual loses capacity
What must be considered when using physical restraints in a hospital setting?
A) Restraints should be used as often as possible
B) Restraints should be reviewed frequently and used only if necessary to prevent harm
C) Restraints do not need to be documented
D) Restraints should be used without notifying the next of kin
B) Restraints should be reviewed frequently and used only if necessary to prevent harm
