Lecture 1: Medical Consent - Adult Patients Flashcards
(31 cards)
What is Consent?
permission for something to happen or agreement to do something
Defence to battery
Every human being of adult years and sound mind has a
right to determine what shall be done with his own body;
and a surgeon who performs an operation without his patient’s consent commits [a battery] for which he is liable in damages
True or false?
True
What is the Right to Self-Determination?
the right to decide what can or cannot happen to one’s body
WHAT IS A ‘TORT’?
A civil wrong for which the law provides a remedy to the injured party
What is the aim of Tort Law?
To compensate aggrieved party
Define Tort of Battery
A direct and intentional application of unlawful
physical contact
The Right to Self-Determination is essentially a right to refuse (and not a right to demand treatment)
True or false?
True
Autonomy and the right to self-determination do not entitle the
patient to insist on receiving a particular medical treatment
regardless of the nature of the treatment
True or false?
True
What are Special circumstances for the Right to self determination?
Blood transfusions
Caesarean section
Amputation of health limbs
If a woman is deemed to have capacity to consent refuses assisted delivery or caesarean section,
even after full consultation and explanation of the consequences for her and for her foetus,
her wishes must be respected
True or false?
True
What are exceptions to Consent ?
Emergency cases
The treatment provided should not go beyond what is required by the exigencies of the situation
What are Forms of Consent?
- Express
- Implied
Consent does NOT need to be in writing
Consent does NOT need to be in writing
True or false?
True
What are the Preconditions of Valid Consent?
- Competence
- Voluntariness
- Information
What is Competence?
To exercise the. right to self-determination
What does the Mental Capacity Act 2005 state?
Section 1- To exercise the right to self-determination
Section2 - Definition of Incapacity
Section3- A person is unable to make a decision for himself if he is unable to:
- understand the information relevant to the decision; retain that information;
- use or weigh that information as part of the process of making the decision; or
- to communicate his decision
Section 4- best interests
Define Incapacity
A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain
A person is unable to make a decision for himself if he is unable to?
- understand the information relevant to the decision;
- retain that information;
- use or weigh that information as part of the process of making the decision; or
- to communicate his decision
What are the 2 stages to define incapacity ?
1) Must establish that the person is suffering from “an impairment of, or a disturbance in the functioning of, the mind or brain”
and
2) Necessary to work out whether he is able to make a decision for himself
Fear may destroy the capacity to make a decision
True or false?
True
For incompetent adults, how do you make decisions?
The best interests test is applied
What should Decision-makers do?
Decision-makers must look at the patient’s welfare in the widest sense, not just medical but social and psychological; …
they must try and put themselves in the place of the individual patient and ask what his attitude to the treatment is or would be likely to be, and they must consult others who are looking after him or interested in his welfare, in particular for their view of what his attitude would be
What is Voluntariness?
Freedom from coercion or undue influence
When is Consent considered REAL ?
Once the patient is informed in broad terms of the nature of the procedure which is intended and gives her consent, that consent is REAL
