Legal aspects of consent Flashcards
What is consent?
Consent to treatment means a person must give permissionbefore they receive any type of medical treatment, testor examination
What is informed consent?
The patient/individual should be informed of the practicalities of procedure, benefits/risks of procedure and benefits/risks if procedure not done or refusal of treatment
What is the doctor’s role in the patient/doctor relationship?
The doctor uses specialist knowledge, experience and clinical judgement, alongside the patient’s views and understanding of their condition to identify best investigations or treatments for the patient
What should a doctor do if the patient requests a treatment that the doctor believes would not be of benefit?
They do not have to provide the treatment. However, they should explain their reasons to the patient, and explain any other options that are available, including the option to seek a second opinion
Should we record patient decisions?
Yes
You must use the patient’s medical records or a consent form to record the key elements of your discussion with the patient
What factor on the patient side is consent dependent on?
Capacity
What factors may cause capacity to fluctuate?
Pain Fear Confusion Medication Illicit drugs Alcohol
What are some obstacles to capacity?
Impaired intellectual/mental capacity Intoxication Unconsciousness Communication difficulty Age
What legislation governs making decisions about treatment and care for patients who lack capacity in Scotland?
Adults with Incapacity (Scotland) Act 2000
What is Power of Attorney?
Means by which an individual with capacity may grant someone they trust powers to act as continuing financial and/or welfare attorneys
How are powers of attorney registered?
With the Public Guardian
How do we obtain consent when there is impairment from drugs or unconsciousness?
Ideally wait until patient is sobered or conscious
In a life threatening situation healthcare professionals may act on behalf of the patient to perform a procedure in their best interest
What are some ways to overcome communication difficulties?
Next of kin
Braille info leaflets or consent form
Sign language
Interpreter via telephone or in person
What age must a child be to consent to their own treatment?
16
Under 16’s can consent if they are believed to have enough intelligence, competence and understanding to fully appreciate the treatment (Gillick competence)
What are the Fraser guidelines?
The Fraser guidelines refer to the guidelines set out by Lord Fraser in his judgment of the Gillick case in the House of Lords (1985), which apply specifically to contraceptive advice
