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Flashcards in Capacity and Consent Deck (24)
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What is Consent

Voluntary and continuing permission of the patient to receive a particular treatment


If the patient is unconscious can you gain consent

In an emergency, where consent cannot be obtained you may provide medical treatment to anyone who needs it, but treatment must be limited to what is necessary to save life or limb.
It is not age specific


State the two types of consent

Implied - Giving your arm over to have your BP taken

Expressed - Oral or written consent i.e. when your pt signs to stay at home or notes to be passed onto the GP


Expand on the fact that consent must be voluntary

The decision to consent or not to consent must be voluntary and must be the patients, and must not be the result of coercion by medical staff, friends or family.


What makes consent valid

- Volintary
- Informed
- Capacity


What would you ask/tell the a patient before starting a treatment on them

- Explain the procedure
- Installs confidence in you and the patient
- Why your doing it
- Risks v Benefits


What is the legislation for Capacity

- Mental Capacity Act 2005 used to Mental Capacity Act 1983


Do not assume someone lacks capacity when

- You can not assume that someone lacks capacity because of - how old they look
- how they look
- how they act


What age does someone have legal capacity



What pneumonic can be used to assess capacity

U- Use
R- Retain
U- Understand
C- Communicate


Name the five key principles of Mental Capacity Act 2005

1. Capacity is assumed until proven otherwise
2. All practicable steps must be taken until a person is deemed to not have capacity
3. A unsafe or unwise decision does not mean that the patient lacks capacity i.e. suicide
4. Where a decision is made on behalf of someone it must be in their best interests
5. Any decision made or action taken must be the least restrictive


Name the two tests for capacity

Cognitive assessment
Functional assessment


What is a cognitive assessment

Ask if,
- The person orientated to time, place or person
- Is the person able to follow simple instructions
- Is the person able to identify/locate familiar objects


What is a functional assessment



Capacity in children aged 16-18

- Can give consent for their own treatment
- Cannot refuse treatment


Can children under the age of 16 have capacity

- If they have sufficient understanding and maturity to enable them to understand fully what is proposed, then yes they can have capacity


What is the Gallic and Frazer test

A test of maturity, understanding of advise given to them to make there own decisions


A person is defined as using restraint if

- They use force or threaten to use force to make someone do something that they are resisting
- Restrict a persons freedom of movement


What are the two recommendations that need to be followed when you restrain someone who lacks capacity

1. The person taking action must believe that restraint is needed to stop someone who lacks capacity from harming themselves
2. Must be a proportionate response to the likelihood of them causing harm, the amount/type of restraint used


What are the 4 types of restraint

Physical - Held by one or more people
Mechanical - Devices
Chemical - Sedation
Psychological - Objects taken away

Restraint is a criminal offence if there is no justification for its use


Define what a Advanced directive or DNR or Living Will is

- Applies to over 18 who possess capacity at the time of the directive
- Only applies to refusals of treatment not requests for treatment
- Are specific to the advanced decisions which need to be made
- Decision can be cancelled at any time


Decisions regarding DNR must be

- Valid and applicable in writing
- Signed and witnessed
- Clearly state that the decision applies even if life is at risk
- If a decision is valid then a health care professional must comply with the decision


What does LPA stand for

Lasting power of attorney


Which is of higher power LPA or DNR

A LPA made after the DNR will make the DNR invalid if the LPA gives the attorney authority to make decisions about the same treatment