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Flashcards in Consent Deck (9)
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1
Q

What are the 4 criteria for valid consent?

A
  1. Patient must have full capacity
  2. Patient must give consent voluntarily
  3. Patient must be informed
  4. Consent must be continuing
2
Q

What forms of consent are there?

A

+ Written
+ Assumed
+ Verbal

3
Q

A person is able to make decisions for themselves if they are able to…?

A
  1. Understand the information
  2. Retain the information
  3. Use or weigh the information
  4. Communicate their decision
4
Q

What is known about capacity based on the Mental Capacity Act?

A

+ A person is assumed to have capacity unless it’s established otherwise

+ A person is not to be treated as if they lack capacity to make a decision unless all steps have been taken to help them in a decision-making process

+ A person is not to be treated as unable to make a decision, just because the decision is unwise

+ A decision made on behalf of a person who lacks capacity must be in that person’s best interests

5
Q

Why might someone lack capacity?

A

An impairment of or disturbance in the functioning of their mind/brain

  • can be permanent
  • can be temporary
6
Q

What makes assessing capacity difficult?

A

+ It’s not a once and for all judgement
+ Non-cooperation
+ Just because the decision is irrational or bizarre, does not mean the patient lacks capacity
+ Underlying conditions may cloud your judgement (and may or may not affect the patient’s capacity)
+ Communication problems

7
Q

What are some examples of proxy-decision makers?

A

+ Lasting power of attorney
+ Advance directives
+ Best interests test (HCP, relatives, carers)

8
Q

What are the issues that may arise with proxies?

A

+ Proxies and patients do not always agree

+ Proxy decisions are normally subject to “best interests”, not our own decisions

9
Q

What are some issues regarding consent?

A

+ Must not be coerced into treatment but pressure in and of itself is not coercion (beware of undue influence)

+ How much information is enough to be “sufficiently” informed?

+ Consent is an ongoing process, not a single event

+ Do patients understand what consent is all about?