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Advance Requests for Treatment: Legal Considerations
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Advance Requests for Treatment: Legal Considerations

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Questions and Answers

What is the only exception to competent adult patients refusing treatment?

  • Compulsory treatment for a patient's psychiatric disorder authorized by mental health legislation (correct)
  • Compulsory treatment for a patient's psychiatric disorder authorized by legal regulations
  • Compulsory treatment for a patient's physical disorder authorized by medical ethics
  • Compulsory treatment for a patient's physical disorder authorized by mental health legislation

    • Can competent adult patients refuse food and fluids, including clinically-assisted feeding?

  • Yes, they can refuse orally provided food and fluids but not clinically-assisted feeding
  • No, they cannot refuse clinically-assisted feeding
  • No, they cannot refuse orally provided food and fluids
  • Yes, they can refuse any form of food and fluid intake (correct)

    • Is an advance decision refusing food and fluids orally legally binding?

  • It depends on the patient's mental health status
  • No, it is not legally binding (correct)
  • It depends on the patient's age
  • Yes, it is legally binding

    • What should continue to be offered to capable patients, according to the text?

    <p>Oral feeding</p> Signup and view all the answers

    Are patients required to justify their decisions regarding treatment refusal?

    <p>No, they are not required to justify their decisions</p> Signup and view all the answers

    What must doctors ensure regarding the patient's decision on treatment refusal?

    <p>That it is based on accurate information</p> Signup and view all the answers

    Can doctors refuse to respect a patient's decision to refuse treatment?

    <p>No, doctors must always respect the patient's decision</p> Signup and view all the answers

    Which group of patients has different rules regarding refusal of treatment compared to competent adults?

    <p>Patients under the age of 18</p> Signup and view all the answers

    What should doctors do in an emergency situation if it is not possible to obtain consent?

    <p>Provide treatment that is in the patient’s best interests and is immediately necessary to save life or avoid significant deterioration to the patient’s health</p> Signup and view all the answers

    What happens if a patient has appointed a welfare attorney or there is a court-appointed deputy or guardian?

    <p>The appointed person must be consulted about treatment decisions if time permits</p> Signup and view all the answers

    Under what circumstances can treatment for a mental disorder be provided without consent?

    <p>If it is authorised under mental health legislation</p> Signup and view all the answers

    Can advance decisions refusing treatment for a mental disorder be overruled under certain conditions?

    <p>Yes, if the individual is being treated compulsorily under mental health legislation</p> Signup and view all the answers

    What is required even if a patient is detained under mental health legislation?

    <p>Consent for other forms of treatment</p> Signup and view all the answers

    When should consent be sought for emergency treatment?

    <p>If the patient has the capacity to give consent</p> Signup and view all the answers

    What can doctors do in an emergency situation when it is not possible to obtain consent?

    <p>Provide treatment that is in the patient’s best interests and is immediately necessary to save life or avoid significant deterioration to the patient’s health</p> Signup and view all the answers

    Under what circumstances can an advance refusal of a particular treatment be overruled?

    <p>If the individual is being treated compulsorily under mental health legislation</p> Signup and view all the answers

    What should doctors do if a patient refuses treatment?

    <p>Respect the refusal and take steps to keep the patient comfortable and manage distress</p> Signup and view all the answers

    Can patients refuse food and fluids according to the text?

    <p>Yes, competent adult patients can refuse food and fluids, whether orally or by tube</p> Signup and view all the answers

    Do patients need to justify their decision to refuse consent?

    <p>No, patients are not required to justify their decision to refuse consent</p> Signup and view all the answers

    Can a patient plan for future treatment once capacity is lost?

    <p>Yes, patients can plan for future treatment once capacity is lost</p> Signup and view all the answers

    What is the legal status of valid and applicable advance decisions refusing treatment in England and Wales?

    <p>They are legally binding in England and likely to be binding in Wales</p> Signup and view all the answers

    What should doctors encourage patients to consider with regards to future treatment?

    <p>Their wishes, concerns, personal beliefs, treatments they would want provided or to refuse, and interventions that might become necessary during an emergency</p> Signup and view all the answers

    What should doctors do with the discussions about future care with patients?

    <p>Record the discussions in the patient's medical record and document any views or decisions expressed by the patient</p> Signup and view all the answers

    Can patients request treatment in advance?

    <p>Yes, patients who have capacity can request treatment in advance</p> Signup and view all the answers

    In which regions is consent required for the use of tissue from living individuals for research?

    <p>England, Wales, and Northern Ireland</p> Signup and view all the answers

    When can a valid refusal of treatment be overruled?

    <p>If the individual is being treated compulsorily under mental health legislation</p> Signup and view all the answers

    Is separate consent required for research procedures in Scotland?

    <p>Yes</p> Signup and view all the answers

    In which scenarios is consent required for competent adults to participate in research?

    <p>Always, regardless of the nature of the research</p> Signup and view all the answers

    When is consent required for the use of tissue from living individuals for research in England, Wales, and Northern Ireland?

    <p>Unless the tissue samples are anonymised and the research has been approved by a research ethics committee</p> Signup and view all the answers

    What happens if an individual refuses treatment for a condition not covered by mental health legislation?

    <p>The refusal will still be binding</p> Signup and view all the answers

    Is separate consent required for research involving tissue from living individuals in England?

    <p>Yes, unless the tissue samples are anonymised and approved by a research ethics committee</p> Signup and view all the answers

    Under what circumstances can a valid advance decision be overruled?

    <p>If the individual is being treated compulsorily under mental health legislation</p> Signup and view all the answers

    What is the legal status of advance requests for treatment?

    <p>They should be taken into account but are not legally binding.</p> Signup and view all the answers

    Under what circumstances can an advance decision to refuse treatment be legally binding?

    <p>If it was made by someone aged 18 or older, it clearly applies to the treatment to be refused, and has not been withdrawn.</p> Signup and view all the answers

    What is the additional criteria for an advance decision to refuse life-sustaining treatment to be legally binding?

    <p>It must be made in writing, signed and witnessed, and must include a statement that it is to apply even where life is at risk.</p> Signup and view all the answers

    What is the legal status of advance refusals of treatment in Scotland?

    <p>They are likely to be binding under the common law.</p> Signup and view all the answers

    How should patients who have made an advance decision/directive ensure its availability when needed?

    <p>By informing their family members and friends about its existence and location.</p> Signup and view all the answers

    Can patients appoint someone to make decisions on their behalf in Northern Ireland?

    <p>Yes, but only after the Mental Capacity (Northern Ireland) Act 2016 is implemented.</p> Signup and view all the answers

    Under what conditions will an ADRT be legally binding on doctors treating the patient?

    <p>If it clearly applies to the treatment to be refused and has not been withdrawn.</p> Signup and view all the answers

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