Legal Aspects of Consent in Medical Practice Flashcards
Consent to treatment
Person gives permission before they receive any type of medical treatment, test or examination
Informed consent
Patient informed of
- Practicalities
- Benefits/risks of procedure and if procedure not done or refused
Who requires consent?
Consent from a patient is needed regardless of procedure
Expressions of consent
- Implied/verbal agreement
- Express consent
- Written consent
Implied/verbal agreement
Non-invasive treatments
Express consent
Minor/routine investigations
Written consent
Higher risk procedures
How is consent obtained?
- Discuss and share info
- Autonomy
- Listen to/respect patient
- No coercion
Recording decisions
- Medical records
- Consent form
Include: - Information discussed
- Specific requests
- Information given
- Decision details
Reviewing decisions
Before treatment, check they still want to go ahead and answer questions
- Time has passed
- Changes in condition
Capacity
Ability to understand, believe, retain and weigh necessary information
- May fluctuate
Power of Attorney
Appointed while patient has capacity.
Act as continuing financial/welfare attorney
Must be registered with Public Guardian
Impaired intellectual/mental capacity
Adults with Incapacity Act 2000
- Incapable: mental or physical disorder meaning they cannot make/communicate decisions
Principles of Adults with Incapacity Act 2000
- Benefit person
- Least restrictive option
- Take wishes into account
- Consult with relevant others
- Encourage use of existing/learn new skills
Intoxication and unconsciousness
- Regain consciousness
- Life threatening: act on behalf of best interest
