Case 25: Valid Consent to Treatment

2016 ◽  
pp. 82-109
Keyword(s):  
Valid Consent ◽  
Consent To Treatment

Understanding the Issue of ‘Informed Consent’ in Dental Treatment

2004 ◽  
Vol os11 (2) ◽  
pp. 41-47 ◽  
Author(s):  
Jeremy A Woodcock ◽  
Mark V Willings ◽  
Patrick VA Marren
Keyword(s):  
United Kingdom ◽  
Informed Consent ◽  
Dental Treatment ◽  
Department Of Health ◽  
Valid Consent ◽  
Consent To Treatment ◽  
The Usa ◽  
The Uk

The concept of consent to treatment is increasingly becoming contested in United Kingdom courts of law. Any practitioners who cannot demonstrate that a patient has properly consented to treatment are laying themselves open to litigation. This paper demonstrates that valid consent is not as straightforward as may be assumed and that a patient can easily challenge a standardised approach to obtaining consent. Current Department of Health guidelines on obtaining consent are discussed, and changes in the USA, Europe and Australia are brought into focus with regard to the situation in the UK.

Consent to Treatment in the Post-montgomery ERA: Principles and Implications for the Dental Team

2019 ◽  
Vol 8 (2) ◽  
pp. 40-48 ◽  
Author(s):  
Igor R. Blum ◽  
Stephen Hooper
Keyword(s):  
Consent Process ◽  
Regulatory Requirements ◽  
Care Environment ◽  
Regulatory Guidance ◽  
Patients Rights ◽  
Valid Consent ◽  
Consent To Treatment ◽  
Professional Body ◽  
The Subject ◽  
The Uk

This paper examines recent changes in relation to the legal and regulatory requirements around the consent process in the UK and how to protect patients’ rights to make decisions about their treatment. In addition to the implications of the Montgomery case on UK law of consent, key governmental and professional body regulatory guidance on the subject of consent are taken into account and discussed to facilitate a robust and valid consent process in the dental care environment.

Contraindications, precautions, and adverse events

2014 ◽  
Keyword(s):  
Adverse Event ◽  
Adverse Events ◽  
Clinical Experience ◽  
Adverse Reactions ◽  
Research Evidence ◽  
Valid Consent ◽  
Consent To Treatment ◽  
Safety Guidelines ◽  
Professional Judgement

Judgements about whether it is safe to use TENS are guided by whether it has the potential to increase the likelihood of an adverse event. Hazards associated with using TENS need to be assessed against risks of using other available treatments including drug medication, and patients need to be informed of these hazards to provide valid consent to treatment. In many instances TENS evaluates favourably. The decision to offer TENS to a patient is based on professional judgement of practitioner informed by research evidence, safety guidelines by professional bodies, and clinical experience. The purpose of this chapter is to consider contraindications, precautions, and adverse events associated with TENS, by discussing national safety guidelines, contraindications to TENS, including device implants and pre-existing conditions, hazardous electrode sites, and adverse reactions.

Consent to Treatment

2018 ◽  
pp. 11-24
Author(s):  
Sarah Elliston
Keyword(s):  
Human Rights ◽  
Civil Law ◽  
General Medical Council ◽  
Fundamental Principle ◽  
Medical Council ◽  
Bodily Integrity ◽  
Freedom Of Choice ◽  
Valid Consent ◽  
Consent To Treatment ◽  
Rights Issues

This chapter considers general principles of consent to treatment. The need to obtain valid consent is a fundamental principle of medical ethics and law. The law recognizes the individual’s right to autonomy, which includes protection of bodily integrity and freedom of choice. Failing to obtain a valid consent before providing treatment may have consequences in both criminal and civil law. It may, in addition, raise human rights issues. Any treatment given to a patient without consent—indeed, any touching of a patient—could result in the practitioner being sued or it may even lead to prosecution in sufficiently serious cases. It may also be a disciplinary matter for the General Medical Council or employers. There are special considerations where a person temporarily or permanently lacks capacity to consent to treatment. Consent also requires one to be sufficiently informed, and failure to provide adequate information can result in a negligence claim.

Civil Commitment and Consent for Electroconvulsive Therapy in Ontario

1987 ◽  
Vol 32 (1) ◽  
pp. 35-42 ◽  
Author(s):  
B.A. Martin ◽  
A.M. Peter
Keyword(s):  
Electroconvulsive Therapy ◽  
Ethical Issues ◽  
Diagnostic Group ◽  
Psychiatric Facility ◽  
Valid Consent ◽  
Hospital Policies ◽  
Civil Status ◽  
Consent To Treatment ◽  
Assessment Of Competence ◽  
Legal And Ethical Issues

Among the most contentious legal and ethical issues concerning the use of electroconvulsive therapy (ECT) are the criteria for obtaining a valid consent to treatment and its administration to involuntarily hospitalized patients, with or without consent. This paper reviews the consent process, in particular the assessment of competence, as it is affected by the symptoms and clinical circumstances, including civil status, of those patients for whom ECT is prescribed. The ECT caseload at one psychiatric facility was reviewed to determine the diagnosis and civil status of each patient and the source of consent for each course of ECT prescribed over a 10-year period. Significant differences were found in the diagnostic distribution and the source of consent by diagnostic group between the 1,042 courses administered to informal patients and the 249 courses to involuntary patients. The results are discussed in the context of relevant Ontario legislation and hospital policies. Recommendations are made for the improvement of procedural safeguards to protect the autonomy of all patients.

scholarly journals Consent to treatment

1997 ◽  
Vol 21 (4) ◽  
pp. 200-201 ◽  
Author(s):  
Teifion Davies
Keyword(s):  
Informed Consent ◽  
Side Effects ◽  
Moral Status ◽  
Valid Consent ◽  
Consent To Treatment ◽  
The Relationship

The legal and moral status of the concept of consent are examined. The notion of informed consent as the sole basis for acceptable treatment is found to raise moral difficulties and to have potentially damaging side-effects on the relationship between doctors and patients. It is argued that developing trust between doctor and patient is crucial to obtaining valid consent.

Decision Making in Children and Young People: Gillick Competent?

2008 ◽  
Vol 1 (11) ◽  
pp. 764-770 ◽  
Author(s):  
Benedict Hayhoe
Keyword(s):  
Decision Making ◽  
Young People ◽  
Medical Practice ◽  
Children And Young People ◽  
Valid Consent ◽  
Consent To Treatment ◽  
Criminal Charges

Valid consent to treatment is vitally important in medical practice both in the protection of patients and, for those providing treatment, as a defence against criminal charges of assault or battery or civil claims of trespass against the person.

scholarly journals Valid consent to medical treatment

2020 ◽  
pp. medethics-2020-106287
Author(s):  
Emma Cave
Keyword(s):  
Medical Treatment ◽  
Legal Requirements ◽  
Valid Consent ◽  
Consent To Treatment ◽  
Consent To Medical Treatment

When consent to medical treatment is described as ‘valid’, it might simply mean that it has a sound basis, or it could mean that it is legally valid. Where the two meanings are regularly interchanged, however, it can lead to aspects of the sound basis or the legal requirements being neglected. This article looks at how the term is used in a range of guidance on consent to treatment and argues for consistency.

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