There are many different policies, legislations and reports that affected the practice of the ambulance crew, specifically the paramedic and student paramedic. NHS Constitution and the 6Cs- Created in March 2011, the NHS Constitution is a set of guiding principles, and values for all aspects of the NHS and its staff to follow. The aim is to provide the best experience to everyone that encounters the service, whether that is patients, staff, or their family/friends. The key principle of the NHS Constitution, is that they “provides a comprehensive service, available to all” (Department of Health, 2015), meaning that nobody can be discriminated against for any reason, whether that be with their access to treatment, or with the quality of the …show more content…
A piece of legislation was created in 2005, with the purpose to allow clinicians to make decisions for the patient, when it is deemed that they haven’t got the ability to think clearly or understand information that is being presented to them, whether that is permanently or temporarily. Whilst this is the case, different levels of capacity are required for different decisions, so a patient cannot be “deprived of their liberty” (SCAS, 2010, 5) and all decision made in the best interest of the patient must be the “least restrictive alternative” (SCAS, 2010, 7.1). This means that these decisions cannot cause the patient to feel uncomfortable, embarrassed, or be detrimental to their health. Until proven otherwise, everyone is assumed to have capacity to make a decision. There are a variety of reasons that affect a patient’s capacity; neurological conditions (eg. dementia etc), head/brain trauma (eg. concussion etc) learning disabilities, effects of hypoxia, the effects of alcohol or substance use, amongst others (SCAS, 2010, 7.1). A person cannot be categorised as not able to make a decision, until all steps to assist them to make a decision have been exhausted. If capable, everyone has the right to make a decision that could be deemed “unwise” (Mental Capacity Act, 2005), even if …show more content…
Similarly, all clinicians need to gain consent from nearly every patient, either verbal or non-verbal, unless in an immediately life-threatening condition. To refuse consent, a patient has to have all information presented to them by the clinician including; the risks they may face, other alternatives to the initial treatment plan and likelihood of success (SCAS, 2016, 5.3). Consent given by a patient under unfair pressure from a friend/family member or clinician, is not considered consent as it is not the patient’s decision. If a valid consent has been given, then a patient is entitled to withdraw their consent at any time. If a patient lacks capacity to give consent, and has no nominated person with Lasting Powers of Attorney, then no one can give consent on their behalf (SCAS, 2016,
In some cultures, family members make treatment decisions on behalf of their loved-ones. Provided the patient consents to this arrangement and is assured that any questions about his/her medical care will be answered, the physician may seek consent from a family member in lieu of the patient.”
Immortal Henrietta Informed consent is an ethically important aspect of medical care; patients must be fully informed of any and all possible risks and benefits from receiving medical treatment, participating in medical research as a subject, or donating live tissues to be studied. Only after receiving and understanding all of the necessary information can a patient give consent; if the patient does not consent, for whatever reason, then it is both illegal and unethical to follow through with treatment, research, or taking samples (O’Neill, 2003). However, particularly in regard to taking tissue samples, some doctors seem to think that what the patient doesn’t know won’t hurt them. One example of this is Henrietta Lacks and HeLa cells.
This type of consent today is at most unfair, how is someone supposed to understand an endless amount of material that they know nothing about . Who is going to even read those 40 pages ? Most people will just sign and not go through the hassle of understanding , and the doctors should keep that in mind when asking the patient for permission . There are some that also say that the patient should understand and it’s their problem if they don’t. This point is easily unrealistic , because it is suggesting what basic knowledge of every person should have, which reveals that it’s more opinion than
NHS and community care act 1990: sets out the duties of local authorities to assess an individual’s needs and ensure that each individual receives the required services to which they are entitled. Human rights act 1998: sets out an individual’s rights and freedoms under the law. Carers act 2004: ensures carers are identified and informed of their rights and that their needs for education, training, employment and leisure are taken into consideration. Mental capacity act 2005: provides the legal framework for acting and making decisions on behalf of those who lack the mental understanding to do so themselves. Safeguarding vulnerable groups act 2006: ensures unsuitable persons are barred from working with vulnerable adults and that employers
However, the lack of informed consent has raised ethical concerns and led to the establishment of guidelines for obtaining consent in medical research. Today health care providers have a responsibility to obtain informed consent from patients before conducting any medical
If the patient were to die during surgery or procedures, the physicians would not be held accountable if the patient signs the consent form stating they were aware of the risks to their care. It’s important for the patient to ask any questions if they are confused on any information that was given to them. Even though, if the patient is diagnosed with a life-threatening disease or infection they have the right to refuse from signing the consent form. Since the patient is legally competent to make their own decisions that regard their health, they can still disregard any treatments that are being done to them. In most cases, doctors that perform experiments on the patient without their knowledge and without their consent is known as unethical human experiment.
Dilemmas are situations in which a difficult choice has to be made between two different options which can be taken. The Mental Capacity Act 2005 outlines a legal framework for making decisions on behalf of those who lack the mental capacity to make specific decisions on their own. All those working with and caring for an adult who may lack capacity to make particular decisions must comply with this Act when making decisions or acting for the individual, when the individual lacks the capacity to make that decision for themselves. This applies to life changing matters as well as every day matters. The Act firstly looks at whether an adult over the age of 16 has the legal capacity to make decisions for themselves, unless they show signs of
The Mental Capacity Act applies in England and Wales to everyone who works in health and social care and is involved in the care of a person who is over 16 years of age who may lack capacity to make a specific decision at a specific time. Core principles Core principles: • A person is assumed to have capacity. A lack of capacity has to be clearly demonstrated. • No one should be treated as unable to make a decision unless all practicable and reasonable steps to help him or her have been exhausted and shown not to work.
It outlines different ways in which it is unlawful for somebody to be treated. The Mental Capacity Act 2005 is there to protect individuals who may lack mental capacity to make their own choices about their care and lifestyle. This can involve fairly simple things like what clothing they wear and what they want to eat for dinner, to more serious life altering decisions, like where they should live if they need full time care, or if they need major surgery.
This again emphasizes the struggle scientists and researchers have regarding informed consent and patients. Some believe that all patients need to have all of the information provided for them in order for the practice to be ethical and provide dignity and privacy for the patient, others are of the opinion that individual choice is not necessary because the physician or researcher knows best and should be able to further science without disclosing information that may not be understood properly by
On some occasions, if the child is fully able to understand the effects of their treatment will impact on their health, they may be able to give their consent (NHS, 2022). Hopefully, the lead adult care workers should provide information and advice and allow the individuals to ask as many questions as possible to understand fully what all the concerns are about their health. However, in an emergency, decisions must be made quickly, whereas, in not-so-urgent cases, you can have more time. Furthermore, if the individual decides not to go ahead with the treatment and they have signed the consent form, they still have the right to change their minds. All individuals have the right to have an interpreter should in case they may need one, and privacy and confidentiality should be always maintained 1.4 - Describe the lead adult care workers responsible for supporting and developing care workers As a lead adult care
INFROMED CONSENT ARE PATIENTS TRULY INFORMED??? Informed consent gives a competent patient the freewill to make his decisions about his health after getting informed adequately about the procedure, its alternatives, pros &cons and uncertainties related the procedure and its alternatives. Above all the patient’s consent must be voluntary and without any kind of pressure whatsoever. There are few fundamental question
in Indore [14]. Written records, including medical history, chart notes, radiographs, and photographs must be meticulous, and it is necessary for the documents to be signed and dated. Good number of participants in this study have knowledge of informed consent and this is in accordance with the study carried by Heywood R. in 2007 [15]. Consent requires that patient fully understand the information given, but if the patient is debilitated due to a serious illness/mental condition, a suitable surrogate should make decisions
Consent is patients’ rights because they have right to know what is happening to their life which is fundamental value in professional practice (Department of Health (DH), 2001). Dougherty and Lister (2015) state that consent is a patient’s rights to refuse or to accept a treatment. However, Dimond (2010) said that consent is a voluntarily decision which can be given orally, verbally, written or implied for example if you ask a patient to take their blood pressure and they offer their arm. Eyal (2012) also states that consent promote trust in medical procedures that people may seek and comply with medical advice and participate in medical research. Bok (2013) argues that there are problems with the trust-promoting as many patients give consent despite being to some extent distrustful.
Patients have a right to complain about the doctor's refusal to the Management. Provision of Treatment requires patient’s choice and informed consent. Even if a patient has signed a general consent clause, the patient can still refuse medical treatment or procedures. However, in exceptional or emergency situations a doctor may be legally justified in performing surgery or providing treatment without the patient's consent. The patient should be competent and capable of making such a decision to give a consent.