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  • pg 1

    Action plan
• Definition of Consent

• Legal

• Ethical

• Professional
Definition of Consent
• A major part of the Code of Professional
  Conduct (NMC 2004) clause 3, states that “As
  a registered nurse must obtain consent
  before given any treatment or care.”
• A person that is deemed competent can give
  informed choice in using automony.
• Acting under your own free will, not under
  another persons influence to decide which
  health care you receive this can include
  investigations and treatments.
• ‘Valid consent’ has been defined as a
  ‘voluntary and unforced decision made by a
  sufficiently competent or autonomous person
  on the basis of adequate information and
  deliberation, to accept or reject some
  proposed course of action that will affect him
  or her’.
•   People under 16 years of age are classed as minors.
•   16-17 years are thought to be competent to make decisions
    themselves although it is seen as good practise to acquire
    parent involvement.
•   Guardians may override their child wishes before 18 years.

•   In extreme emergency situations (if Eileen becomes critical)
    consent can be delayed if possible or health professional can
    provide treatment to save a life in the patient best interests
    with a second opinion of a health care professional.

•   The NMC clause 5.1 states that we must treat information
    about patients *(Eileen) as confidential and use it only as the
    purpose for which it is given.

•   The Mental health act (section 57 & 58/ section 62 & 63 )
    provide authority to treat without consent, In clause 3.6 state
    that’ when patients are no longer legally competent and have
    lost the capacity to consent to or refuse treatment and care,
    you should try to find out whether they have previously
    indicated preferences in an advance statement. (Patients
• Arthur cannot provide consent on behalf of Eileen,
  loved ones can only communicate beliefs and values.
• The Health Care Professionals are required to give
  Eileen necessary information, answer any questions,
  withholding nothing and leave a sufficient time for a
  conclusion to be made.
• Everything that is said and done to Eileen must be
  recorded as it may be used as evidence in the future.
• There are 3 stages of consent: written, oral and
• Professionals can use advocacy to promote and
  protect patients.
• Communication skills are an essential competent of
  good health care. The ability to actively listed to
  patients and provide information is important to the
  process of making health care decisions.
• Working as part of MDT is also important.
• Failure to obtain valid consent can lead to civil and
  criminal liability that might result in a civil action for
• Patients have a fundamental legal and ethical right to
  determine what happens to their own bodies. Vital
  consent to treatment is therefore absolutely central in
  all forms of healthcare.

• To be able to consent, Eileen must show she is able to
  take in, retain, understand and weigh up information.

• Everything that is said and done to Eileen must be
  recorded as it may be used as evidence in the future

• It is vital that the patient understands what he or she
  has consented to, and it is important role of the nurse
  to check and ensure that this happens. If a language
  barrier occurs a translator needs be referred to.

• We have to remain sensitive and respectful of our
  patients and act truly with their best interests at heart.
*Eileen seems confused and maybe
   unable to consent to any treatments.
*The following is mental health
   assessment tool that will help to
   determine this.
*If the test score is low, Arthur have to be
   informed and will be asked if Eileen
   had any set wishes or beliefs.
*Otherwise all health care professionals
   have to act in Eileen best interest.
*The NMC 2.5 states: ‘As a nurse we
   must continue to provide care to the
   best of our ability until alternative
   arrangements are implemented’
• Booth, S (2002) A philosophical analysis of informed
  consent. Nursing Standard. 16,39,43-46.
• Butterworth, C(2005) Ongoing consent to care for older
  people in care homes. Nursing Standard. 19,20.40-45.
• Cable, S et al (2003) Informed consent. Nursing
  Standard 18,12,47-53.
• Hutchinon, C (2005) Addressing issues related to adult
  patient who lack the capacity to give consent. Nursing
  Standard. 19,23,47-53.
• Nursing and Midwifery Council (2004)The NMC code of
  professional conduct. Performance and ethnics.
• Richards, A and Edwards, S (2003) A Nurses survival
  guide to the ward.
• http://www.dh.gov.uk/assetRoot/04/06169/93/04066993.
• http://www.nmc-

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