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Flashcards in Cap Deck (31):
1

Ethical dilemmas can arise ...

conflict between the law and what you deem 'morally right'

2

Capacity

Capacity is the ability of a person to make decisions that may have consequences for themselves and/or others affected by the decision that person makes.

3

In healthcare what can impair capacity?

children, adults with learning disabilities, or suffering from certain conditions e.g. dementia can impair capacity

4

The Mental Capacity Act 2005

Provides the statutory framework to empower and protect vulnerable people who may not be able to make their own decisions particularly about their healthcare (physical and mental), welfare, finances, property and research.
Provides a substitute decision making framework

5

Mental Cap Act 2005 assumes

adults have mental capacity unless proved otherwise

6

Individuals have the right to...

make their own decisions (although they may be eccentric or unwise)

7

Anything done on behalf of people without capacity must be

in their best interests, in a way that respects informed, freely given pt choice

8

Assessing capacity? Can the person:

1. Understand the relevant info
2. Retain the information as long as necessary
3. Weigh that information up as part of the decision making process
4. Communicate their decision

9

Consent

express a willingness, give permission, agree

10

Why is consent important?

To maintain a partnership
Legal duty (pt have the right to be involved in decisions)

11

2 Type of consent

Implied
Explicit

12

Implied consent

Pt indicates their consent indirectly without writing or speaking

13

Explicit

Pt givens you specific permission to do something (written or verbal)

14

Is consent valid?

Capacity?
No pressure?
Balanced info?
On each occation

15

When do pt have the right to withdraw consent

at any time

16

Concent in children and young adults

should be involved as much as possible in decisions about their care, even when they are not able to make decisions on their own

17

In an emergency (save life/prevent serious deprivation of health)

treatment without consent can be provided

18

No one can give consent on your behalf from ....

18 years

19

For a child to give consent

they mush have 'capacity'
- if not competent consent must be obtained from someone else

20

Gillick competency

children can be legally competent if they have sufficient understanding and maturity to enable them to fully understand what is propsed

21

Under 16? Consent is

1. not automatic
2. can be legally competent (Gillick)
3. capacity for risk free procedures does not mean cap for high risk procedures
4. families should be involved if possible
5. competent child can insist on confidentility

22

If parents and child disagree

1. Parent cannot override child if they want treatment
2. Child cannot refuse treatment if parents don't agree

23

16&17

Presumed consent
families should be encouraged to be involved
Cannot refuse treatment if agreed by person with responsibility

24

Non-therapeutic procedures?

completely different

25

Confidentiality

Respect privacy
Obtain only info you need

26

Document to support confidentiality

NHS Code of practice 2003

27

Circumstances where information may be disclosed

Consent
Legal obligation
public interest

28

If disclosing infromation

-try to get the patients consent
-disclose only the information needed for a particular purpose
-make appropriate records
-prepare to justify your actions

29

types of discloseures

with consent
without consent
required by law
public interest

30

when can information be disclosed

prevent injury or damage or death
safeguard public health
prevent/detect crime

31

Out professional responsibilities... 7

Respect a patient’s right to expect confidentiality
Record info accurately and consistently
Keep patient information private
Keep patient information secure
Only disclose info with appropriate care in line with legal and professional guidance
Ensure patient choice is respected
Inform patient effectively about shared info