Consent to treatment同意治疗.pptVIP

The Prudent Patient Test Rogers v Whitaker [1993] 4 Med LR 79 Patient almost blind in one eye. She consulted an ophthalmic surgeon and asked about possible complications if an operation was performed on it, but did not ask specifically whether sympathetic ophthalmia (damage to the other eye) could result. She made clear her desire for information and to be informed of the possible consequences. Expressed concern that no damage should befall her good eye. One in 14,000 risk. Patient rendered blind in the good eye as a result of the operation. Court rejected Bolam approach 12 Key points on Consent 1. Consent necessary before examine or treat competent patient. 2. Adults presumed to be competent 3. Patients may be competent to make some health care decisions but not others 4. Giving and obtaining consent a process, not a one off event 12 Key points on Consent 5. Children can give consent for themselves in certain circumstances 6. Always best for the person actually treating to seek consent 7. Patients should be given sufficient information about benefits and risks 8. Consent must be given voluntarily not under duress 12 Key points on Consent 9. Consent can be written, oral or non-verbal 10. Competent adult patients entitled to refuse treatment even where it would clearly benefit their health 12 Key points on Consent 11. No-one can give consent on behalf of an incompetent adult – the decision for doctor acting in patient’s best interests. Unless the power to consent has been conferred under the MCA 2005 on a donee under a Lasting Power of Attorney, a deputy appointed by the Court of Protection, or the Court of Protection consents 12 Key points on Consent 12. Advance decision by a competent patient is valid and applicable if it was made by the patient when capable, is clear and specific about which treatments are being refused, and is sufficient in scope to cover the situation which has currently arisen. If life sustaining treatment is to be refused by advance decis