consent Flashcards
(29 cards)
definition of consent
“give permission / to agree / to express willingness”
why must we gain it
- Legal duty to get a person’s consent
– For professional services we carry out
– Treatment or care we provide to them
– Using their personal information
when can consent be bypassed
In emergencies, consent can be bypassed if treatment is necessary to save life or prevent harm.
when can it be withdrawn
at any time
when do we check for consent
its revisited with each treatment or service
conditions for valid consent
- Capacity to consent.
- Voluntary decision-making, free from undue pressure.
- Sufficient, understandable information.
- Ability to understand the risks and consequences.
types of consent
explicit and implied
use professional judgment as to what you need / may have to make records
what is explicit consent
explicit consent aka: express consent
* Specific permission – spoken or written to do something
what is implied consent? + example
Gives it indirectly –
Eg: by bringing their prescription – implies okay for you to contact GP with any problems with the prescriptions * Patient must know what they are consenting to
how do we get consent?
- From patient’s perspective
– Have “capacity” to give consent
– Act voluntarily
– Sufficient balanced information they are able to use
– Can withdraw at anytime if they want
how do we get consent: our perspective
– All information given is accurate and clear
– Make modifications as needed
– Don’t make assumptions about knowledge
– Consider how you work with your team
Giving information to support patients’ decisions includes:
- What side effects does this medicine have?
- Is this the best treatment for my hypertension?
- Will I have to take this medication for life?
what does it mean to lack capacity
unable to make or communicate the decision, because of an impairment or disturbance that affects the way their mind or brain works at that time - I.e. lack capacity to make the decision
→ Must assess at the time the decision needs to be made
what act and code do we refer to
mental capacity act 2005 and code of practice
what do we not make assumptions about
- Don’t make assumptions based on any criteria or because you don’t agree with their decision
age, disability, beliefs, conditions or behaviour
- Use all tools to support their decision making eg visual aids, communication aids, interpreter
factors affecting capacity
Age, disability, or temporary factors (e.g., fatigue, drugs) should not lead to automatic assumptions about capacity.
how do assess capacity
depends on the person’s ability to understand, remember, use, and communicate information.
factors affecting capacity
ability to make decisions at the time of need
Adults Without Capacity
- Decisions must be made by
those with legal authority (e.g., healthcare proxy or legal guardians).
what act is key
mental health 2005
how do we act with adults with capacity:
Presumed competent to consent unless proven otherwise.
- Refusal: A competent adult’s refusal must be respected, even if it may cause harm.
how do we act with young people (age 16-17)
- Capacity: Depends on understanding rather than age.
- Under 16: Children may consent if they can understand the information.
- Refusal: Courts may override competent children or young people’s refusal in some cases.
do children have capacity?
under 16 = not presumed to have capacity so must demonstrate competence
if a child or young person does not have the capacity to make their own decisions, who can do it
the parent or court if needed
