Legal Aspects of Consent in Medical Practice Flashcards
(18 cards)
Consent to treatment
Person gives permission before they receive any type of medical treatment, test or examination
Informed consent
Patient informed of
- Practicalities
- Benefits/risks of procedure and if procedure not done or refused
Who requires consent?
Consent from a patient is needed regardless of procedure
Expressions of consent
- Implied/verbal agreement
- Express consent
- Written consent
Implied/verbal agreement
Non-invasive treatments
Express consent
Minor/routine investigations
Written consent
Higher risk procedures
How is consent obtained?
- Discuss and share info
- Autonomy
- Listen to/respect patient
- No coercion
Recording decisions
- Medical records
- Consent form
Include: - Information discussed
- Specific requests
- Information given
- Decision details
Reviewing decisions
Before treatment, check they still want to go ahead and answer questions
- Time has passed
- Changes in condition
Capacity
Ability to understand, believe, retain and weigh necessary information
- May fluctuate
Power of Attorney
Appointed while patient has capacity.
Act as continuing financial/welfare attorney
Must be registered with Public Guardian
Impaired intellectual/mental capacity
Adults with Incapacity Act 2000
- Incapable: mental or physical disorder meaning they cannot make/communicate decisions
Principles of Adults with Incapacity Act 2000
- Benefit person
- Least restrictive option
- Take wishes into account
- Consult with relevant others
- Encourage use of existing/learn new skills
Intoxication and unconsciousness
- Regain consciousness
- Life threatening: act on behalf of best interest
Communication difficulties
Hearing impairment, mute, language
- Next of kin
- Braille information leaflets/consent form
- Sign language
- Interpreter
Age
<18
- > 16: can consent but can be overruled (death/severe injury)
- Gillick competent: <16 can consent if intelligence, competence and understanding
Intimate examinations
- Presence of chaperone
- Inform patient
- Document
- Gender specification?
Common or indecent assault
