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Health Professions and Society 1A SAQs
1. What are the elements of a valid medical consent (consent)? Under what clinical situations is consent not required? Discuss using any relevant SA or NT legislation, or common law principles.
Outlined by the Australian Medical Association’s (AMA) revised Code of Ethics (2016), medical consent is valid if the patient has sufficient decision-making capabilities, it is voluntary, and the patient is fully informed of the information that is pertinent to the decision being made.
According to section 13.1(a)-(d) of the South Australian Consent to Medical Treatment and Palliative Care Act (1995), a medical practitioner may administer medical treatment to a patient if they have an impaired capacity to make
Consent is necessary from everyone, not only those who can verbalise his or her needs. It is important to find out the persons communication needs so that they can be involved in discussions around their needs and preferences. My duty of care is to ensure that choices are given, and that appropriate support is obtained where there is lack of capacity is the decision is complex and the individual cannot consent. This may be from families or next of kin or using advocates to ensure that the client’s best interests are maintained. There may be past events or requests that could indicate the client’s preferences, and these must be considered when choices have to be made by others. Any preferences should be recorded on care plans and shared with relevant others to be able to determine the best interests of the person. Decisions should also be put off until the client is able to make their own choices where possible and not taken on their behalf through assuming we know
In Amira’s case, an issue of consent is arisen that her GP has not explained to her much about the conditions she is suffering and the medication that he prescribed. Amira was left a little confused because she did not has the chance to ask questions. For obtaining consent, it must be informed and capacity which means that Amira must be given all of the information of the treatment and they understand the information provided by the doctor and they can use it to make a decision (13). Obtaining consent will lead to enhancement of the efficiency to the treatment because Amira is happy and showing agreement to the
Social Attitudes Survey noted that 78% of respondents believe that “the law should require doctors to carry out the instructions of a Living Will” (Park et al, 2007). These decisions become important once patients lose their mental capacity, are unconscious, or unable to communicate” (BMA, 2009). The Mental Capacity Act 2005 defines an “advance decision” as a decision made by a person 18 or over, when he or she has the capacity to do so. The implications of a Living Will, make the case against legalising assisted dying weaker. This is because if a person is legally allowed to set out which treatments they will or will not agree to, and can refuse life sustaining treatments by creating a legal document, then why shouldn’t an individual in extreme pain who is able to make the request at the time be able to ask for assistance in
In America, the legal age to sign off on any medical consent is 18 years of age. Seventeen year olds should be able to compose their own medical decisions, and sign off on their own medical consents. Power should land in their hands, accompanied by the professional advice of a doctor. It is your body, be compelled to fabricate a decision without having to have your parent’s signature.
Patients are ultimately responsible for their own health and wellbeing and should be held responsible for the consequences of their decisions and actions. All people have the right to refuse treatment even where refusal may result in harm to themselves or in their own death and providers are legally bound to respect their decision. If patients cannot decide for themselves, but have previously decided to refuse treatment while still competent, their decision is legally binding. Where a patient's views are not known, the doctor has a responsibility to make a decision, but should consult other healthcare professionals and people close to the patient.
According to the NICE (2015) health and social care professionals should always seek valid consent from people with dementia. This should entail informing the person of options, and checking that he or she understands, that there is no coercion and that he or she continues to consent over time. If the person lacks the capacity to make a decision, the provisions of the Mental Capacity Act 2005 must be followed. The nurse assessed the patient capacity and ensured that the decision made was in the best interest of the patient. The doctor uses specialist knowledge and experience and clinical judgement, and the patient’s views and understanding of their condition, to identify which investigations or treatments are likely to result in overall benefit for the patient (GMC, 2008). They took into consideration how the decision made will benefit Jean. After carrying out a full assessment, it was clear that Jean lack capacity and was therefore place under the mental capacity act
Alex Wubbels, a nurse in Salt Lake City, Utah was wrongfully arrested by a police officer because she refused to draw blood. Wobbles was following hospital protocol and was following the correct guidelines for her job. In the Alex Wubbels video Wubbel refused to draw blood from a patient who was unconscious. The officer wanted his blood drawn because he thought the patient was under the influence of alcohol and may have been the cause of the accident. When Wubbel refused the police officer preceeded to handcuff her because she was succeeding to comply with the police officers. The officer was angry and wanted Wubble to do what he said. When she did what was best for the patient and what she was supposed to do according to law the police officer detained her. The officer obviously did not have a comprehension of
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...
Consent is an issue of concern for all healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient, and allows any examination or treatment to be administered. Nevertheless, consent must be obtained in every occurrence of care as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtain consent to perform a procedure on a patient right ear. The surgeon found defect in the left ear of the patient and repaired it assuming he had obtained consent for both ear. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement that states how consent should be given, however, there are various ways a person in care of a nurse may give consent. This could be formal (written) form of consent or implied (oral or gesture) consent. An implied consent may be sufficient for taking observation or examination of patient, while written is more suitable for invasive procedure such as surgical operation (Dimond, 2011).
In conclusion, every patient is worried about their rights to care but not so much are focused on the rights of the physicians providing the care. It is hard to establish a respectable practice if you are required to perform care for instances in which you object or do not want to be a part of. This detracts from the ethical background of practice and procedure every physician should hold to the highest standard.
Professional standards of practice and behaviour for nurses and midwives’ (2015) which states that obtaining patient’s informed consent is an act in their best interest and that nurses and midwives are required to respect individual’s right to accept or refuse treatment, moreover, support and document their decision, give evidence-based information, use clear language, cooperate with patients to help them with making the decision and be aware of the current legislations. This includes ‘Mental Capacity Act 2005’, ‘Mental Health Act 1983‘and ‘Human Rights Act 1998’. From a healthcare perspective vital articles are those which set out the rules for accessing patient’s capacity to make a decision, clarify who makes decisions for those who lack capacity and how this should be done, likewise those that regulate how to treat and protect patients without their consent but also those that specify basic human rights: to life, privacy, receiving information and other such as right to be free from discrimination or inhuman, degrading treatment. Other regulations to consider are ‘Human Tissue Act 2004’, ‘Human Fertilisation and Embryology Act 1990’ (GMC, 2015). Professionals should also consider common criminal
Informed consent- The words “informed consent” are only mentioned twice in the ACJS code of ethics. Specifically, the code states that “informed consent should be obtained when the risks of research are greater than the risks of everyday life.” It is also included that in situations where individuals are illiterate, under correctional supervision, minors, have low social status, are under judicial supervision, have diminished capacity, are unfamiliar with social research or otherwise occupy a position of unequal power with the researcher, culturally appropriate steps should be taken to secure informed consent.
The meaning of informed consent according to Corey (2013) states: “Informed consent involves the right of clients to be informed about their therapy and to make autonomous decisions pertaining to it” (p. 40). Informed consent is a basic collaborative agreement between the client and their therapist that sets the guidelines of what is to be expected from both client and therapist. Informed consent details the possibilities of what the risks are in their therapy process, as well as the benefits. I think that one of the ways that the counselor used the informed consent was by letting Stan know it was a process, and that they would be working on it together. It was Stan’s belief that the counselor would tell him what to do, and that he would just
In conclusion, obtaining informed consent is a vital part of respect for the patient and safeguarding of self-determination. The consent to participate in research or treatment should be informed, comprehensible, and free of coercion. There is not a clear black and white answer because no matter what is done to assure informed consent there is always a moment of doubt on the end of the patient as to whether what is going to take place is fully understood and their true wishes honored.
...ns. Patients should not be so medically ill that they are unable to make this decision. Patients should be fully conscious and understand the implications of their decision. Everything should be documented possibly even videotaped that way the doctor doesn’t lose their job, receive a lawsuit or worst jail!