Debate Seminar 1 – CONSENT, CAPACITY AND BEST INTEREST DECISIONS- RACHEL OWEN (TEAM 6) The subject of consent requires the understanding of some of the legal and ethical issues surrounding the subject- The Human Rights Act 1998 upholds the person/patient rights to make decisions on whether to accept or decline treatment ("UKCEN: Ethical Issues - Consent", 2016). The healthcare professional has a legal responsibility to ensure that the patient understands the information being given, can evaluate the available choices and is making the decision voluntarily. However, in legal terms, for consent to be deemed valid the patient
Consent is defined by NHS Choices (2010) as: "the principle that a person must give
Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving
As I have discussed above regarding legislation and policies promoting person centred practice in health and social care setting. One of the most crucial elements of all these legal requirements is to establish consent with individual in terms of making decisions. There are many ways of informing consent with person centred practice for health professionals under different circumstances.
The case study refers to the importance of gaining consent as a health care provider. If consent is not given by a competent adult (either the patient or a parent/guardian) then the patient has the right to sue for negligence as they have suffered because of treatment being conducted
A number of psychological theories have been used to explore the factors associated with the behaviors of healthcare practitioners, the theory of planned behavior, social cognitive theory, psychological egoism, and etc., These theoretical domains offer a comprehensive list of potentially relevant constructs for the behavior of transfusing (Haack, 2012). They include factors such as local protocols, management policies, resources, and etc,. Blood transfusion is an essential part of healthcare and can improve patient outcomes, however, like most therapies, it is also associated with significant clinical risks. According to scholarly article, “The Ethics of Consent: Theory and Practice,” written by Franking Miller and Alan Wertheimer, it states
Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering
The patient has the right to refuse treatment. This means the patient can choose not to do a treatment option that has been suggested by the physician, whether lifesaving, diagnostic or preventative.
If the patient is taking medication or receiving medical treatment, you may want consent from a GP
Discuss the values and principles of ethical conduct in relation to gaining an informed consent from potential research participants in relation to your project.
In conclusion, some people think that patients should not have to give consent in order for them to have examinations and/or samples performed on them. Others believe patients have the choice whether there will be examinations and/or samples carried out on
According to the book from the perspective of the Sociologist Humphrey he did an experiment on me without my consent, i honestly would be mad because it's my personal life and if I don't give permission I wouldn't want someone to even write about it even if I did have my consent. I would probably feel a violated, and invaded in my personal space but if I am doing things that I should not be doing in public and I wouldn’t want my parents to see it then why do it in public. I was raised better and with morals but now people usually do anything they want in front of everyone and cameras. The scientist may feel he has the right to observe me but what if I have a bad temper and I don't like people seeing me I would find this uncomfortable.If I am
This essay will introduce the concept of consent, briefly identify its types and legal fundaments, look at significance of consent in a healthcare provision and illustrate the main issues involved with patients’ consent with midwifery practice as the focal point of interest.
Consent is a highly discussed topic amongst all working fields within Australia. Consent is the art of agreeing this can be portrayed in three different ways; implied, verbal or written. Implied consent is often given for simple or routine procedures with common knowledge and a broad understanding of the procedure, implied consent is often conveyed by actions. Verbal consent is expressed verbally. Finally written consent is provided in writing and is the most common kind of consent and this is used as documentary evidence. All elements of consent have to be made to become valid this includes; voluntary decision, correct and comprehensive information regarding conditions and treatments, decision must relate to the specific treatment being provided and finally the person whom is giving consent has the capacity to do so. Autonomy is something that is often closely related to consent and this is respecting the privacy and rights of others to choose, protecting confidential information, obtaining consent for interventions and providing accurate advice. Everyman’s person being sacred, and no other having a right to meddle with it, in any the slightest manner (Fray, Spar, & Yale Law School, 1996). Ethical and legal complications arise when autonomy and consent are not properly applied. This case study will identify legal issues including the notion of consent and ethical issues mentioned in the Universal Declaration on Bioethics and Human Rights in the case of Bruce.
This essay will address the Legal and Ethical issues in relation to the case study. It will outline the four elements of valid consent and applicable issues needed to prove and defend the claim for all parties involved. The Universal declaration of bioethics and human rights identifies three relevant principles to this case study. Beneficence and non-maleficent, the notion of proper free and informed consent, autonomy and the measure in place to protect individuals not capable of exerting this right. Finally, this essay will address the common conflicts that may arise and a process to address the conflict.