Informed Consent in Healthcare

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Questions and Answers

What is the primary role of a decision-making assistant?

To formally assess the appointer's capacity

To make decisions on behalf of the appointer

To register decisions with the Decision Support Service

To help the appointer communicate their will and preferences (correct)

Which statement is true regarding co-decision-making?

A co-decision-making agreement must be registered with the DSS. (correct)

A co-decision-maker can only be a professional advisor.

Decisions can be made independently by the co-decision-maker.

Co-decision-makers are not required to implement decisions made jointly.

What differentiates a decision-making assistant from a co-decision-maker?

Decision-making assistants are formally registered with the DSS.

Co-decision-makers make decisions jointly with the appointer. (correct)

Co-decision-makers have a legal obligation to implement decisions.

Decision-making assistants can assess an appointer's capacity.

What is a significant requirement for decisions made in co-decision-making?

Decisions must be made jointly and not independently. Signup and view all the answers

Which of the following statements is true regarding the appointment of decision-making assistants?

No assessment of the appointer’s capacity is necessary. Signup and view all the answers

What is a fundamental principle of informed consent?

Patients have the right to determine what happens to their body. Signup and view all the answers

What does informed consent require from patients?

Patients need to understand and retain the information given. Signup and view all the answers

Which of the following statements about consent is accurate?

Consent is voluntary and should not be coerced. Signup and view all the answers

What term describes the right of adults to make decisions about their bodies?

Autonomy. Signup and view all the answers

What is essential for the success of informed consent?

Patients understanding the information. Signup and view all the answers

How should decisions related to consent be made?

Based on patient knowledge and preferences. Signup and view all the answers

What is not a characteristic of informed consent?

It can be granted without the patient being informed. Signup and view all the answers

What role does healthcare culture play in obtaining consent?

It influences how consent is perceived and executed. Signup and view all the answers

Under what condition can an intern be involved in the consent process?

For minor procedures familiar to the intern after clarification. Signup and view all the answers

What should be avoided when seeking consent from a patient?

Seeking consent from a patient who is stressed or in pain. Signup and view all the answers

What is the entitlement of an adult with capacity regarding medical treatment?

They are entitled to refuse treatment or withdraw consent. Signup and view all the answers

What must a doctor do if a patient refuses treatment?

Document the discussion and the patient's refusal in their notes. Signup and view all the answers

At what age can a minor give effective consent for treatment?

At age 16 without the need for parental consent. Signup and view all the answers

Why is it important to continue the dialogue with patients during the consent process?

To keep them informed about their condition and options. Signup and view all the answers

What is a requirement for minors giving consent to surgical or medical treatment?

Consent can be given effectively if they are at least 16 years old. Signup and view all the answers

What must DSS conduct periodically regarding capacity statements?

Updated capacity statements Signup and view all the answers

What type of order may a court issue if a person is found to lack capacity?

An urgent or expedient order Signup and view all the answers

Which of the following cannot a Decision-Making Representative do?

Prohibit contact with others Signup and view all the answers

What factors does the court consider when appointing a Decision-Making Representative?

The proposed representative's conflict of interest Signup and view all the answers

Which statement best describes a 'decision-making assistant'?

They assist with information and discussions. Signup and view all the answers

What is considered when making court declarations about a person's capacity?

The terms of any Enduring Power of Attorney Signup and view all the answers

Which of these does NOT fall under the scope of authority for a Decision-Making Representative?

Make decisions on life-sustaining treatment Signup and view all the answers

What is the role of a co-decision-maker?

To jointly make decisions with the relevant person Signup and view all the answers

What should be considered when a young person refuses to involve a parent or guardian?

The young person's rights and best interests Signup and view all the answers

Which factor is NOT relevant when assessing a young person's ability to make independent decisions?

The young person's favorite music Signup and view all the answers

What must be explained to a patient before seeking consent for genetic testing?

The possible consequences of genetic testing Signup and view all the answers

Which of the following is a right of parents and guardians concerning their children until the age of 18?

To access medical records Signup and view all the answers

What should medical professionals inform young patients regarding confidentiality?

They cannot guarantee absolute confidentiality Signup and view all the answers

Which of these factors should NOT influence the decision-making process for treatment in young individuals?

Young person's personal interests Signup and view all the answers

When evaluating a young person's stability of views, which aspect should be considered?

Whether their views reflect core values Signup and view all the answers

What type of intervention does NOT require consent to be specifically explained?

Direct marketing strategies Signup and view all the answers

What is essential for a patient to effectively make an informed decision regarding their treatment?

Understanding the seriousness of their condition Signup and view all the answers

Which statement best reflects a patient's autonomy in refusing medical treatment?

Patients may refuse treatment even if their decision seems influenced by external factors. Signup and view all the answers

What does the Assisted Decision-Making (Capacity) Act 2015 aim to enhance regarding decision-making?

Introduction of supported decision-making measures Signup and view all the answers

Which concept challenges the traditional view of capacity as a strict category?

Empirical evidence illustrating variations in capacities Signup and view all the answers

In an emergency situation where consent cannot be obtained, what is the primary action a medical professional should take?

Provide treatment to save a life or prevent significant health deterioration Signup and view all the answers

What is a doctor's responsibility regarding patient consent during treatment?

To ensure that the patient has given consent personally Signup and view all the answers

What is a significant principle outlined in the European Convention on Human Rights concerning medical treatment?

Interference with an individual’s life requires their consent. Signup and view all the answers

If a doctor cannot obtain consent personally, what can they do?

Delegate the consent process to a trained individual and remain responsible Signup and view all the answers

What aspect of the patient-doctor relationship is fundamentally improved by effective communication?

Helping patients comprehend risks and benefits to make informed choices Signup and view all the answers

What is a critical element of the doctrine of necessity in emergency medical situations?

The action should be reasonable and in the best interests of the patient Signup and view all the answers

What is the primary concern when evaluating whether a patient truly understands their treatment decision?

If they are merely expressing a decision to please others Signup and view all the answers

What is a primary function of the Assisted Decision-Making (Capacity) Act, 2015?

To provide a legal framework for advance healthcare planning. Signup and view all the answers

What key change does the Assisted Decision-Making (Capacity) Act 2015 implement regarding the principle of 'best interests'?

It abolishes the 'best interests' principle entirely. Signup and view all the answers

What should be done if emergency treatment is administered without consent?

Notify the patient once they are stable about the procedure performed Signup and view all the answers

Which concept is crucial for understanding the rights of minors in healthcare decisions?

The Gillick competence which assesses a minor's ability to consent. Signup and view all the answers

What is a key characteristic of informed consent in healthcare?

It requires that patients have a clear understanding of the treatment and its risks. Signup and view all the answers

What occurs if consent cannot be communicated to the patient before a procedure?

The doctor must document the attempt to obtain consent but can proceed Signup and view all the answers

Which of the following best defines the role of a Decision-Making Representative?

To assist the person in making their decisions for themselves. Signup and view all the answers

What is one of the main limitations of delegating the consent process to another person?

The delegate must fully understand the risks and treatment details Signup and view all the answers

When assessing a young person's competence to make decisions, which factor is most relevant?

Their ability to articulate feelings about a treatment option. Signup and view all the answers

What must a hospital do after providing emergency treatment under the doctrine of necessity?

Seek the assistance of the court in a timely manner Signup and view all the answers

What principle underlies the concept of co-decision-making?

An equal partnership in decision-making between the individual and a support person. Signup and view all the answers

Which of the following roles is NOT typically performed by a decision-making assistant?

Influencing the individual to make a specific choice based on external pressures. Signup and view all the answers

What is a common misconception about consent in medical contexts?

Consent is a one-time, irreversible decision. Signup and view all the answers

What must a patient's advance healthcare directive include for it to be compliant?

It must identify the treatment to be refused and circumstances for refusal. Signup and view all the answers

Under what condition can a family member refuse treatment for an adult who lacks capacity?

Only if they have specific legal authority to do so. Signup and view all the answers

How is a request for treatment in an advance healthcare directive treated under the law?

It is taken into consideration during decision-making but is not legally binding. Signup and view all the answers

What is the minimum age at which a person can legally make an advance healthcare directive?

18 years Signup and view all the answers

Which of the following represents a situation where a patient's advance healthcare directive must be followed?

The request or refusal aligns with principles of informed choice and specific circumstances. Signup and view all the answers

What is the implication of a patient refusing treatment for reasons of religious belief?

The refusal must be respected regardless of potential consequences. Signup and view all the answers

What does it mean if a directive-maker lacks capacity to consent to treatment?

They are unable to express their treatment preferences. Signup and view all the answers

In advance healthcare decision-making, what must be established for a treatment refusal to be considered valid?

The refusal must clearly identify the treatment and circumstances in the directive. Signup and view all the answers

What is the primary responsibility of healthcare providers when treating children and young people?

To act in the best interests of the child and involve them in healthcare discussions Signup and view all the answers

At what age can patients give consent for surgical or medical treatment on their own?

16 years old Signup and view all the answers

Which statement about consent for patients under 16 years old is correct?

Parents or guardians are generally required to give consent for treatment. Signup and view all the answers

What should healthcare providers consider when a patient aged 16 or 17 refuses treatment against medical advice?

Get legal advice before acting on the patient's refusal. Signup and view all the answers

What is a key aspect of involving young patients in their healthcare decisions?

Listening to their opinions and treating them with respect. Signup and view all the answers

What is the legal requirement for a co-decision-making agreement to be valid?

Requires registration with the Decision Support Service Signup and view all the answers

Which function is NOT performed by a decision-making assistant?

Jointly making decisions with the appointer Signup and view all the answers

In which situation would a decision-making assistant be appointed?

When the appointer prefers informal support without a capacity assessment Signup and view all the answers

Which statement about the role of a co-decision-maker is true?

Co-decision-makers must have a pre-existing relationship of trust with the appointer Signup and view all the answers

What outcome occurs if decisions are made outside a co-decision-making agreement?

The decisions become null and void Signup and view all the answers

What determines if the court may appoint a Decision-Making Representative?

The known will and preferences of the relevant person Signup and view all the answers

Under what circumstances might a Decision-Making Representative be allowed to restrict a relevant person's contact with others?

In situations deemed to be emergencies or if specified by the court Signup and view all the answers

What must the court ensure when making decisions related to a person’s capacity?

The decisions align with existing Enduring Power of Attorney or Advanced Healthcare Directives Signup and view all the answers

What is a notable limitation of a Decision-Making Representative's authority?

They are unable to restrain the relevant person unless in exceptional emergency circumstances. Signup and view all the answers

What is the main function of a Decision-Making Assistant?

To facilitate information flow and discussions without making decisions Signup and view all the answers

What factors is the court least likely to consider when appointing a Decision-Making Representative?

The proposed representative's social media presence Signup and view all the answers

What is involved in the periodic reviews mandated by DSS?

An assessment to update capacity statements and ensure compliance Signup and view all the answers

Which of the following is NOT a role of the court when addressing issues of capacity?

Directly managing the medical treatment of the relevant person Signup and view all the answers

What is the primary innovation introduced by the 2015 Act regarding the role of support in decision-making?

It allows for a relevant person to appoint a supporter as a Decision-Making Assistant or Co-Decision-Maker. Signup and view all the answers

Under which condition should the possibility of incapacity be formally assessed?

When a patient is unable to communicate a clear and consistent choice despite receiving support. Signup and view all the answers

Which factor should be considered when determining a young person's ability to provide informed consent?

Their maturity and understanding of the implications Signup and view all the answers

What limitation is placed on a Decision-Making Representative regarding medical treatment decisions?

They may consent to medical treatment but cannot refuse life-sustaining treatment. Signup and view all the answers

What is a primary consideration when assessing the stability of a young person's views?

Consistency with their core values and beliefs Signup and view all the answers

Which aspect of supported decision-making is emphasized in best practices and international human rights standards?

Providing individuals with maximum support to aid their decision-making abilities. Signup and view all the answers

What role does a Co-Decision-Maker play in the context of decision-making according to the 2015 Act?

They share the decision-making authority with the relevant person. Signup and view all the answers

What must be communicated to young patients regarding their right to confidentiality?

There are conditions under which confidentiality can be breached Signup and view all the answers

Which of the following factors influences the assessment of a young person's capacity for independent judgment?

The effects of their physical or mental health Signup and view all the answers

What is a requirement for genetic testing consent?

Counseling about the implications must precede consent Signup and view all the answers

What type of considerations are involved in evaluating the nature of a treatment intervention for young people?

The nature, purpose, and potential benefits and risks Signup and view all the answers

Which aspect must medical professionals clarify to minors when discussing treatment options?

The specific conditions under which parents can access information Signup and view all the answers

What is an essential ethical concern when young individuals refuse parental involvement in medical decisions?

Respecting the young person’s autonomy while considering their best interests Signup and view all the answers

What legal framework supports advance healthcare planning in England and Wales compared to Ireland?

Assisted Decision-Making (Capacity) Act Signup and view all the answers

Which principle is central to informed consent in the context of medical ethics?

Patients must have the capacity to understand and reflect on their choices. Signup and view all the answers

Which statement accurately reflects the concept of child competence in healthcare decisions?

Competence can be assessed on a case-by-case basis for minors. Signup and view all the answers

Which document outlines the ethical guidelines for medical professionals in Ireland?

Irish Medical Council Guide Signup and view all the answers

What is a primary focus of the assisted Decision-Making (Capacity) Act 2015?

To enhance support for individuals in making personal decisions. Signup and view all the answers

What concept does the term 'capacity statement' refer to in the context of decision-making?

A declaration of a person's ability to make informed choices. Signup and view all the answers

In which circumstances can a Decision-Making Representative act on behalf of a person?

When a court has established the person lacks capacity after due review. Signup and view all the answers

What does the principle of 'best interests' prioritize in decision-making for individuals lacking capacity?

The overall well-being and welfare of the individual. Signup and view all the answers

Study Notes

Informed consent is a process of communication between a health professional and a patient that results in the patient’s agreement to a proposed medical intervention
Consent is defined as the informed exercise of a choice which involves an opportunity to evaluate knowledgeably all the options available and the risks involved
The success of informed consent depends on patients being able to understand and retain the information they are given, and use it to make a choice
Consent must be voluntary and informed, involving a continuing dialogue between the patient and the clinician
Seek consent from the patient when they fully understand the situation, are not stressed, sedated or in pain
Every adult with capacity to consent has the right to refuse treatment or withdraw consent
You should clearly explain to the patient the possible consequences of their refusal
If you have doubts about the patient’s capacity to consent, seek legal advice
The consent of a minor who has attained the age of 16 years is as effective as it would be if they were of full age
Counsel patients about the possible consequences of genetic testing before seeking their consent
Important to obtain consent for blood transfusions, clinical photography, and other medical recordings
You should tell children and young people that you cannot provide an absolute guarantee of confidentiality

Decision-Making Support

Decision-Making Assistant: Appointed by a person who considers that their capacity is or may shortly be in question, they help with information and discussions but do not make decisions
Co-Decision-Maker: A joint decision-maker who is a relative or friend in a pre-existing relationship of trust
Decision-Making Representative: A substitute decision-maker appointed by the court.

Mature Minor

You should consider a young person’s rights and best interests when they refuse to involve a parent/guardian, taking into account: their maturity, ability to understand information, stability of their views, physical or mental health affecting their judgement, the nature and usefulness of the treatment, the risks and benefits involved in the treatment, any relevant specific welfare, protection or public health considerations
You should consider a young person’s right to confidentiality as well as the parent's/guardian's right to access their medical records until they are 18

Doctor's Role in Communication

Doctors must ensure patients understand their health condition and treatment options, encompassing benefits and risks.
Information provided should be clear and comprehensible.
Obtaining a patient signature on a form does not automatically fulfil a doctor's duty.

Challenges to Traditional View of Capacity

Empirical evidence: People have varying levels of capacity.
Scandals/abuses: Lack of capacity in healthcare can lead to abuse and exploitation.
Human Rights: Respecting an individual's right to make decisions about their own health is crucial.

Human Rights and Capacity

European Convention on Human Rights prohibits interference with an individual's physical integrity against their will.
United Nations Convention on the Rights of Persons with Disabilities: People with disabilities have equal legal capacity in all aspects of life.

Assisted Decision-Making (Capacity) Act 2015

Complex legislation with 129 sections and 3 schedules.
Links to the ratification of the CRPD (Convention on the Rights of Persons with Disabilities).
Removes the "Best Interests" approach.
Introduces a range of supported decision-making measures.

Forms of Advance Healthcare Decision-Making

Advance Healthcare Plan or Directive: Has the same status as a direct decision made by a patient during an illness. These plans should be followed if the request or refusal was informed, covers the situation, and there is no indication of a change of mind.
Refusal of treatment: An advance healthcare directive refusing treatment is legally binding if the patient lacks capacity, the treatment is clearly identified, and the circumstances for refusal are clear.
Request for treatment: Not legally binding but must be considered during the decision-making process if the treatment is relevant to the medical condition.
Who can make AHD's? Anyone over 18 with capacity can refuse treatment for any reason, even if it's considered unwise or against medical principles.

Role of Family in Patient Care

No one can give or refuse consent on behalf of an adult lacking capacity unless they have specific legal authority.
Family members, friends, and carers are consulted, but their opinion doesn't supersede the patient's right to make decisions.

In emergencies, treatment can be provided without consent if it's necessary to save life or prevent significant deterioration in the patient's health.
Doctrine of necessity: Applies when a need for action arises, but communication with the person is impossible, and the action taken would be considered reasonable in their best interests.
Hospitals must seek court assistance within a reasonable time.

If a doctor cannot obtain consent, it can be delegated to another qualified person.
The delegated person must understand the proposed investigation or treatment, including risks, and be able to explain it to the patient.
Despite delegation, the original doctor remains responsible for ensuring consent was obtained.

Children and Young People

When treating children and young people, the primary duty is to act in their best interests.
They should be involved in discussions about their healthcare, given age-appropriate information, and treated with respect.
Patients aged 16 and over are entitled to consent to medical or dental treatment.
Patients over 18 can consent to psychiatric treatment, organ donation, or medical research.
Refusal of treatment by young people aged 16 and 17 raises legal uncertainties, so legal advice is recommended in these cases.
Typically, parents or guardians consent to treatment for children under 16.
If a child under 16 wants to make a healthcare decision without parental knowledge or consent, they should be encouraged to involve their parents or guardians.

Functional Approach to Decision-Making

Recognizes hierarchy of complexity in decision-making
Cognitive deficits only relevant if they impact decision making
Favors "supported decision-making"
Emphasizes providing time and support to maximize individuals' ability to make decisions
Formal incapacity assessment only considered after all appropriate help and support have been provided and the patient is unable to communicate a clear choice or understand/use information and choices provided.