Consent in healthcare

General guiding ethical principle

Autonomy - the right to make choices regarding ones own care

Legal principle of 'battery'

Touching another person without a valid lawful excuse

Three main types of consent

Verbal "yeah that's fine"

Written (e.g surgical form)

Implied (holding out their arm for you to check BP)

Four elements to consent

It cannot be given under coercion (voluntary consent)

The procedure must be described

The PT must be informed of benefits and risks

The individual must have legal capacity to consent

Right to refuse treatment

Medical treatment act 1988

An adult of SOUND MIND can refuse any treatment or withdraw from any treatment at any stage

For someone to continue to treat a patient who has attempted this - it is considered ASSAULT

In situations of emergency care

E.g a patient is unconscious - treatment can be given as long as it is reasonable and in good faith

Children and consent

Parents/legal guardians must provide (except in emergency when they are not there)

A child may give consent if they can prove that they have sufficient understanding of the proposed treatment

If there is a conflict between parent and child in this decision making process the matter will be decided by the courts

Intellectual incapacity

Should an individual be found to lack the individual capacity to make decisions regarding their care :

A guardian will be appointed by VCAT

This individual must be determined to advocate for that person's best interests

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