Elements Of Informed Consent: Mental Capacity Act (2005)

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Elements of Consent

According to Medical Protection Society (MPS 2015)13, Consent it is needed for any treatment/intervention or care and this cannot be imposed by the healthcare team as ought be the expression of a patient's wish and decision otherwise this is unethical and equally illegal.
There are required elements in the process of informed consent. These include: Competence, disclosure, understanding, confidentiality, voluntariness and communication.

A patient it is presumed to be competent if it is no evidence to prove otherwise before consenting for treatment. However Mental Capacity Act (2005)14 provide a specific test for competence which outcome's is an analyse over the patient capacity to understand, retain and weight the information
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Furthermore, should be explain all positive and negative outcomes after the interventions. Time should be also available for any questions before to make any informed decision. General Medical Council (2016a)15 has also stated that additional support should be provided for the patients with disabilities; helpful information can be found in leaflets, support groups or expert patient programmes.
For a truly understanding it need to be taken into account all cultural and religious considerations, including all barriers such as language, level of education and cognitive ability (Health Professional Student Training 2016)16.
The WHO Surgical Safety Checklist in operating theatres is an illustration of clarity and simultaneously sharing of the information ensuing reducing morbidity and mortality equally improving teamwork (The National Patient Safety Agency (NPSA
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The only exception is justified when is a mater of public interest and is a need to put into the balance the benefit or the harm of disclosure; analogously the healthcare team needs to consider disclosure of information against a child expressed decision under the 'Gillick Competent' if his best interest is in conflict with his own decision. If the patient, it is incompetent their medical record can be shared with family, key carers and other healthcare professionals aiming the patient's best interest (Hope et al 2008)19. However, regardless if the patient is competent or not, it is protected by law in the event of breaches of confidentiality can expand into harmful consequences impacting on patients well being

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