w18 DoC Legal Frameworks in Optometry: Consent Flashcards
(19 cards)
Why is obtaining consent important in optometry?
Consent is required to respect a patient’s right to be involved in decisions about their care. It must be obtained before any examination or treatment (e.g., eye drops, contact lens fitting).
What are the types of consent in optometry?
implied consent and explicit consent
implied consent??
Indicated by patient behavior after smth is explained to them (e.g., resting chin on chin rest).
explicit consent??
Written consent, required for complex or high-risk treatments (e.g., contact lens fitting, eye drops).
When should written consent be obtained from a patient?
Written consent should be obtained when the treatment is complex, involves significant risks, may affect the patient’s social, employment, or personal life, or is part of a research program or innovative treatment.
Can optometrists delegate the task of obtaining consent?
Yes, but only if the delegate is suitably trained and knowledgeable about the procedure, and you must confirm the patient has the capacity to consent.
What are the principles of obtaining valid consent?
The patient must:
Have the capacity to consent.
Be informed about the procedure.
Understand the risks and alternatives.
Be free from pressure to consent
What is the Mental Capacity Act 2005, and how does it affect consent?
The Mental Capacity Act 2005 ensures individuals are presumed to have capacity unless proven otherwise. It applies to adults who may lack the ability to make decisions due to mental or physical conditions.
What should an optometrist do if a patient withdraws consent during a procedure?
Stop the procedure, discuss the patient’s concerns, and determine if the withdrawal is due to anxiety or a serious objection to continuing the treatment.
What is the role of a Lasting Power of Attorney (LPA) in patient consent?
If a patient lacks capacity, an LPA or court-appointed deputy can make decisions on their behalf under the Mental Capacity Act 2005.
At what age can a child give consent to their treatment in optometry?
Children aged 16 and over are presumed to have capacity to consent. Children under 16 can consent if they understand the nature, purpose, and consequences of the treatment.
What should optometrists do if a child with the capacity to consent wishes to involve their parents?
Encourage the child to involve their parents in decision-making, but respect the child’s right to exclude them if they wish.
What is informed consent, and how should it be handled in optometry?
Informed consent means that the patient understands the treatment, risks, and alternatives before agreeing. The optometrist must provide clear, balanced information and allow the patient time to decide.
How should optometrists handle a patient who refuses treatment?
Respect the patient’s decision, even if it seems unwise. If the refusal poses a risk to the patient or others, inform relevant healthcare colleagues but ensure confidentiality.
How do Mental Capacity and capacity assessment relate to consent in optometry?
Assess whether a patient has the mental capacity to make decisions. If they lack capacity, the Mental Capacity Act 2005 in England and Wales allows others, such as an LPA or court-appointed deputy, to make decisions on their behalf.
What must be done if informed consent is not obtained?
If consent is not obtained, it may lead to legal issues like battery. Always ensure the patient is fully informed and their consent is valid before proceeding with treatment.
What is the legal framework governing consent for optometrists in the UK?
Optometrists must adhere to laws such as the Mental Capacity Act 2005 (England & Wales), the Adults with Incapacity (Scotland) Act 2000, and the Mental Capacity Act (Northern Ireland) 2016, all of which provide guidance on patient capacity and consent.
Outline the circumstances in clinical optometric practice that you may delegate consent taking to another person (4 marks)
- They are suitably trained and qualified
- They have sufficient knowledge of the proposed examination or
treatment - They understand the risks involved
- They are able to provide clear and accurate information in response to
the patient’s questions
You must regard a patient as lacking capacity only once it is clear that:
a) They are too old to have a sight test
b) They cannot understand, retain, use or weigh up the information needed to make that decision
c) They have attention deficit hyperactivity disorder
d) They do not believe providing consent is necessary
b) They cannot understand, retain, use or weigh up the information needed to make that decision
