🔥🔥🔥 Gaining Consent From Patients
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Generally, third-party adults cannot give consent on behalf of another adult, unless that person has been assessed as lacking capacity and authority has been conferred under a lasting power of attorney Mental Capacity Act, In Gillick v West Norfolk and Wisbech AHA , it was held that if children are able to fully understand what is involved in an intervention, they are likely to have the capacity to consent to it. Capacity should be assessed for each separate decision because childen may have the capacity to consent to some procedures but not others. If a child lacks capacity, consent may be given by a parent or an adult with parental responsibility, providing that person has capacity. However, doctors do not always have time to appeal to the courts for a declaration that a proposed treatment is lawful.
In these circumstances, the patient must be treated according to their best interests. Unlike children, young people aged 16 or 17 years are presumed to be capable of consenting to their own personal healthcare Department of Health, ; Family Law Reform Act, This is subject to the same conditions of assessing capacity as for adults, including the provisions of the Mental Capacity Act Parental consent is not needed if valid consent has been given by a young person, but it is considered good practice to involve parents in the decision-making process, provided that the young person agrees to this DH, However, as with children, if young people refuse to consent to treatment that doctors consider to be in their best interests, this can be overridden by a person with parental responsibility or by the court.
It is not enough for patients to have agreed to the physical act of touching; they must understand both the nature and the quality of the act. For example, in R v Tabassum the defendant had gained consent from a number of women to examine their breasts by misinforming them that he held a suitable medical qualification and was conducting research into breast cancer. He did not have this qualification, and the purpose of the examination differed from what he told the women.
It was therefore held that the acts were non-consensual and the defendant was convicted of indecent assault. Any form of confusion or deception, even if well-intentioned, may invalidate consent, for example:. Patients also need to be fully informed of the actual and potential risks associated with a procedure. If a patient is not appropriately informed, liability in negligence may arise, and there would be no obligation for the patient to prove that any harm came from not being fully informed Chester v Afshar, The final factor to consider is whether the patient voluntarily gave consent to the intervention performed.
The courts usually decide this as a matter of fact, which means that either the claimant in civil cases , or the prosecution in criminal cases must satisfy the court that valid consent was not given. Further information may be needed, for example:. The form of consent should be appropriate for the particular circumstance. Voluntarily climbing onto a theatre bed does not prove that the patient fully understands the planned procedure, including the associated risks and benefits. In this situation, detailed preoperative discussions between the patient and relevant practitioners would be a necessary part of the consent process, and would need to be documented as evidence of this Chester v Afshar, Patients have a right, supported in law, to make informed decisions about their care and treatment.
Nurses and other health professionals are required to obtain valid consent before starting any form of treatment or intervention. For other uses, see Consent disambiguation. Main article: Tort. See also: Informed consent. This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. August Learn how and when to remove this template message. This section does not cite any sources. Please help improve this section by adding citations to reliable sources. This section may lend undue weight to certain ideas, incidents, or controversies.
Please help to create a more balanced presentation. Discuss and resolve this issue before removing this message. August Age of consent Assumption of risk Consent of the governed Saverland v Newton Sex positive Sociocracy decision-making by consent Victim blaming Volenti non fit injuria. Retrieved ISBN Black's Law Dictionary. West Publishing Co. Zimmermann, Alfred; Howlett, Robert J. Human Centred Intelligent Systems. Smart Innovation, Systems and Technologies. Singapore: Springer. Making sense of the social world: methods of investigation Fifth ed. Los Angeles: Sage. OCLC Electronic Journal of Human Sexuality. Roffee James A. Powell A. A, Melanie 18 January S2CID Law and Philosophy.
Journal of American College Health. The New York Times. Retrieved April 23, Human Rights Law Review. Roffee, James Journal of Psychology and Human Sexuality. Tort law. Trespass Conversion Detinue Replevin Trover. Defamation Invasion of privacy Breach of confidence Abuse of process Malicious prosecution Alienation of affections. Fraud Tortious interference Conspiracy Restraint of trade. Public nuisance Rylands v. Duty of care Standard of care Proximate cause Res ipsa loquitur Calculus of negligence Rescue doctrine Duty to rescue Specific types of negligence Negligent infliction of emotional distress In employment Entrustment Malpractice.
Trespassers Licensees Invitees Attractive nuisance. Product liability Ultrahazardous activity. Patients need sufficient information before they can decide whether to give their consent. If the patient is not offered as much information as they reasonably need to make their decision and in a form they can understand, their consent may not be valid. A patient can only be judged to lack capacity to make a specific decision at a specific time, and only after assessment in line with legal requirements. A patient who has a mental disorder does not necessarily lack the competence to consent to treatment. Patients whose right to consent is affected by law should be supported to be involved in the decision-making process , and to exercise choice if possible.
Patients may be competent to make some health care decisions, even if they are not competent to make others. Unexpected decisions do not prove the patient is incompetent; such decisions may indicate a need for further information or explanation. The choice of treatment or care for patients who lack capacity must be of overall benefit to them , and decisions should be made in consultation with those who are close to them or advocating for them. People who understand the implications of their choices can state in advance how they wish to be treated in the future, for a time when they may no longer have the capacity to make such decisions for themselves. An advance care plan can be a written document, a witnessed oral statement, a signed printed card, a smart card or a note of a particular discussion recorded in the patient's file.
There is further information in the separate Advance Care Planning article. Where a person has been deemed to have given their consent to treatment under Section 57 or Section 58, the person can withdraw that consent at any time. The treatment must then stop and the appropriate procedures be followed, unless discontinuing treatment would cause 'serious suffering' to the patient, in which case the treatment can be continued. Below are some examples of disorders that could fall within this definition but the list is not exhaustive:. NB : Learning Disabilities. Someone with a learning disability and no other form of mental disorder may not be detained for treatment or made subject to guardianship or Community Treatment Orders unless their learning disability is accompanied by abnormally aggressive or seriously irresponsible conduct on their part.
The Responsible Clinician RC is the approved clinician who has overall responsibility for the care of a patient. Only a doctor may make recommendations for detention in hospital under section 2, 3 or 4. The law still requires that one of the two doctors is approved under section 12 of the Act. It is only after the patient has been admitted that an approved clinician from a different professional background would be able to take responsibility for a patient's care and make decisions about the continued use, or the ending, of compulsion.
There is no choice about who the nearest relative is. It is the person who comes highest on the list below:. Husband, wife or civil partner or a partner who has lived with the patient for more than six months. The requirements of Section 57 and Section 58 do not have to be followed when urgent treatment is required:. Violence and aggression: short-term management in mental health, health and community settings ; NICE Guideline May Organ donation for transplantation: improving donor identification and consent rates for deceased organ donation ; NICE Clinical guideline DecPlease select an option Yes Gaining consent from patients Currently Obtaining. Received Jul 23; Accepted Jul Gaining consent from patients, you have the right gaining consent from patients refuse gaining consent from patients and treatment. However, alkaline phosphatase, potassium, and creatinine levels were similar to male gaining consent from patients levels. Eating disorders, non-organic sleep disorders and non-organic gaining consent from patients disorders.