Why do we gain consent? Flashcards
Why is the principle of consent so important in medicine?
- Patient autonomy (freedom of choice and having self control)
- Human rights (it is a basic human right to be asked for consent for a medical procedure to be carried out)
- Acting ethically
In what cases might consent not be required?
- People who lack capacity
- Unconscious patient
- Patient cannot communicate
In relation to the Adults with Incapacity Act 2000, what is the definition of an adult?
16 years or >
What are the duties of a doctor registered with the GMC?
1) Make the care of your patient your first concern
2) Respect the patients autonomy
3) Recognise the limits of your professional competence
4) Act quickly to protect your patients if you have reason to believe you or a colleague may not be fit to practice
What are the 4 principles of medicine that all doctors must follow and what is meant by each?
1 - Respect for patient autonomy (promote patients right to make their own decisions about treatment)
2 - Non-malifecence (do no harm)
3 - Beneficence (to do good)
4 - Justice (fairness, equality of treatment etc.)
What is the english equivalent of the adults with incapacity act which is used in Scotland?
Mental capacity act 2005
Who can consent?
1 - The patient with capacity
2 - Parent of a child
3 - Adults with incapacity in Scotland
4 - Mental capacity act in England
How is patient consent achieved?
1 - Must give patient sufficient information
2 - Must give information in a language they can understand
3 - The patient must consent for the treatment
4 - The patient must consent for the delivery method
How do we decide if a person lacks capacity and is unable to make a decision about their treatment?
1 - Unable to understand the information relevant to the decision
2 - Unable to retain that information or use it in their decision making process
3 - Unable to communicate their decision by any means
4 - Unable to understand the consequences of failing to make a decision
What is the key difference between the mental capacity act in England compared with the Adult with incapacity act in Scotland?
Mental capacity act England - May be determined literally or purposively
Adults with incapacity act Scotland - Always determined purposively
What are the principles of Adults with Incapacity Act 2000 Scotland?
No intervention in the affairs of an adult unless the person responsible for authorising the intervention is satisfied that the intervention will benefit the adult and that such benefit cannot be achieved without the intervention
When dealing with the consent of an adult with incapacity, what other factors must be taken into account before determining if an intervention is to be made?
1 - The present and past wishes and feelings of the adult so far as they can be ascertained
2 - The views of the nearest relative and primary carer of the adult
3 - The views of any guardian or welfare attorney
What is meant by ‘incapable’ in relation to the adults with incapacity act Scotland 2000?
Incapable means, incapable of:
- Acting or making decisions
- Communicating decisions
- Understanding decisions
- Retaining memory of decisions
What is the purpose of the adults with incapacity act Scotland?
1 - To treat patients who cannot consent with dignity
2 - To allow patients who cannot consent to have the treatment that they would wish to have if they could consent
3 - To be human, just and caring
How is competency judged?
- Evidence that the patient is able to understand the consequence of what the information means
- Evidence that the patient is capable of making choices
- Evidence that the choices they make are reasonable
- Their decision making was a rational process and not random
