21 Questions
What should healthcare professionals consider when making decisions about a patient's treatment and care?
The patient's needs, preferences, values, and priorities
What is the primary reason for considering legal authorization when a proposed treatment or care option might restrict a patient's right to personal freedom?
To ensure that the patient's rights are not violated
What is the preferable way to resolve disagreements about a patient's treatment and care, according to the text?
Involving an independent advocate or local mediation service
When might a patient's right to make a healthcare decision for themselves be affected by law, according to the text?
When they are unwilling to comply with assessment or treatment due to personal beliefs
What should healthcare professionals do if they consider it necessary to use legal powers to treat or assess a patient without consent?
Follow the procedures set out in the relevant legislation and statutory guidance
In what way should healthcare professionals behave even if the law allows them to assess or treat a patient without their consent?
Support the patient to be involved in decisions about their care
What should healthcare professionals do if there is still disagreement about a significant decision after taking initial steps, according to the text?
Follow any formal steps to resolve the disagreement required by law or set out in the relevant code of practice
What should healthcare professionals aim to reach when consulting with those who have an interest in the patient’s welfare?
Agreement about how to proceed
What determines what is permitted without a patient's consent, according to the text?
Strict safeguards around using legal powers to restrict or restrain individuals
What does the term 'overall benefit' refer to in the context of decision-making for adult patients lacking capacity?
Weighing up the potential benefits and risks of each available treatment option, including taking no action
In the context of decision-making for a patient who lacks capacity, what is a legal requirement in England, Wales, and Northern Ireland?
Considering whether treatment benefits a patient
What must a treating doctor do before concluding that it is their responsibility to decide which option(s) would be of overall benefit to a patient who lacks capacity?
Take reasonable steps to find out if there's evidence of the patient’s previously expressed values and preferences that may be legally binding
In the absence of a legally binding advance refusal of treatment, and when no one has legal authority to make the decision for a patient who lacks capacity, who is responsible for deciding what would be of overall benefit to the patient?
The treating doctor
What does weighing up the risks of harm and potential benefits for the individual patient involve?
Evaluating potential benefits and risks associated with each available option
What is consistent with the legal requirements in Scotland regarding treatment decisions for patients who lack capacity?
Considering whether treatment ‘benefits’ a patient
What does the concept of 'best interests' refer to in the context of decision-making for adult patients lacking capacity in England, Wales, and Northern Ireland?
The overall benefit to or well-being of the patient
When is a treating doctor responsible for deciding what would be of overall benefit to a patient who lacks capacity?
When there is no legally binding advance refusal of treatment and no one else has legal authority to make this decision for them
What should a treating doctor consider when deciding what would be of overall benefit to an adult patient who lacks capacity?
"Best interests" based on clinical judgment considering potential benefits and risks
What should a treating doctor ensure before concluding that it is their responsibility to decide what would be of overall benefit to an adult patient who lacks capacity?
That they find out whether someone else has the legal authority to make the decision on the patient’s behalf or has been appointed to represent them.
What must a treating doctor do when there is no evidence of a legally binding advance refusal of treatment and no one has legal authority to make this decision for a patient who lacks capacity?
Decide what would be of overall benefit to their patient based on clinical judgment considering potential benefits and risks
What should a treating doctor do when concluding that it is their responsibility to decide what would be of overall benefit to a patient who lacks capacity?
Take reasonable steps to find out if there's evidence of the patient’s previously expressed values and preferences that may be legally binding
Explore the concept of 'overall benefit' and its role in making ethical decisions regarding treatment and care for adult patients lacking decision-making capacity. Understand the assessment of risks, potential benefits, and the legal requirements associated with determining the best course of action.
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