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Did the doctor do the right thing?Īdults expect to be asked whether they want medical treatment, and to have their decisions respected. The fracture fails to heal properly and you lose the use of your arm. She concludes that you are refusing treatment. You push the doctor away when she tries to examine it. After several years, you discover it was a depot contraceptive. You see the clinic nurse for an injection every three months but you do not know why. Can the hospital refuse to treat you because you cannot sign the consent form?
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You are involved in a road accident and are unconscious you need surgery. Later they try to justify their actions, claiming, "We only wanted to help." Was this ethical? Suddenly two strangers seize you and stick something sharp into your arm so that you bleed. You are tired, thirsty, confused and in pain. You are in a strange country where you do not speak the language. (British Medical Association and Law Society 2004) A proper understanding of consent is as central to the ethics of what we do as it is to its legality. They must also try to do good (beneficence) and avoid harm (non-malificence). Health professionals must respect the personal autonomy of the people who use their services. If you have not read them already, the articles on communication will also help you obtain truly informed consent. Margeret Flynn's article on this site describes the realities of health care decision making. (eg (Iacono and Murray 2003) These questions raise different issues and are not covered in this article. There are other legal situations in which a person's capacity may be questioned, for example you might want to know if a person is able to make a will, to participate in research, to consent to have sex, get married or take out a mortgage. 1999, 2000).Ĭapacity and competence are used interchangeably in this article to refer to a person's ability, in this instance to consent to a particular treatment or investigation, or an intervention.
#FORM 2 G EXTRA JUDICIAL CONSENT PROFESSIONAL#
You should also familiarise yourself with the guidance of your professional body. The Department of Health website contains important material on consent with which all health students should become familiar. There are lots of resources about the MCAct available from the National Mental Capacity Forum: Different rules apply in other countries. This guide, which is now located in the Historic Articles section of this website, covers the law in England prior to the 2005 Mental Capacity Act which came into force in 2007.