Consent

The patient must be given sufficient information to allow them to decide whether they want the operation. Patients should be given an adequate explanation of the procedure, investigations and possible side-effects of the surgery. Answer any questions as honestly as possible. If you do not fully understand the surgery you should as a more senior colleague to obtain consent.

Consent may be:

1. Implied—if the patient attends at a given time for preliminary investigations e.g. CXR or ECG.

2. Verbal—for blood or other invasive investigations.

3. Written—necessary if a procedure requires the administration of an anaesthetic (including sedation).

 

The patient must be 16 years of age or older and have the mental capacity to give their consent. Thus children need their parents’ consent. The mentally confused and elderly will need the consent of a relative or the Health Authority or their General Medical Practitioner if there are no relatives available.

All patients must be fully informed before any decision concerning treatment is given

The competent adult patient has a right to give and withhold consent to examination, investigation and treatment.

 

To give informed consent a patient must be:

¨ Over 16 yrs of age

¨              Mentally competent to understand and judge the implications of the decision

 

 

Types Consent

 

Implied Consent

The patient attends at a given time for an investigation e.g. DPT

 

Express Consent

Oral or written for any procedure that carries a material risk

Oral consent valid for minor procedures

Written consent advised for all major procedures

 

Necessary if the procedure requires the administration of

sedation or general anaesthesia

 

Children

 

Under 16yrs of age require their parent’s or legal guardian’s consent

 

Gillick Principle: Children under 16 can give own consent

 

 

Incompetent Adults

In English law no one is able to give consent for the examination or treatment of an adult patient who lacks competence. Parents, relatives or others do not have the right to give consent. Many hospitals and clinics have a process of asking for signatures of clinicians and/or relatives. However, these signatures have no standing in law.

All health care professionals have a duty to explain the nature, purpose and material risk of a proposed procedure