Consent to Medical Treatment
Consent is the single most pivotal issue in contemporary medical
jurisprudence, and the most obvious example of the centrality of patient
autonomy, both in practice and in law.
This module looks at the variety of conditions, criteria and limitations
relating to consent, including the different 'levels' of consent, what
'valid consent' requires, the implications of proceeding without it, and
how these differ, depending on the 'type' of patient, or circumstance.
In each of these contexts, the module investigates whether questions of
consent are absolute or subject to limitations, and issues that arise in
the application of principles to practical circumstances.
Aims & objectives
To provide an understanding of the meaning and importance of
'competence' and 'consent' as concepts in law and clinical practice,
including the role that consent plays in medical negligence cases;
Appreciate the circumstances in which consent issues typically arise,
how they differ depending on the type of patient, and the factors that
limit 'lawful' medical intervention in the absence of consent; and
Explore the consequences of providing treatment in the face of
objection, how the presumption of capacity operates, and the potential
for uncertainty in determining whether to override a patient's expressed
wishes.
Learning outcomes
By the end of this module, you will be able to:
Understand the role, scope, limits, and extent of consent in relation to
different patients, including minors and the mentally incapacitated;
Appreciate situations where it might be advisable to approach the
courts, to resolve disputes, or determine the 'lawfulness' of treatment;
and
Consider the practical difficulties in drawing a clear line between
determining 'best interests' and the imposition of 'involuntary
treatment'.
Examples of the questions explored in this module
What is the standard of care in relation to the nature and volume of
information that a patient should 'reasonably expect' to receive
regarding proposed treatment?
When, and to what extent can minors consent to treatment?
Take-away Toolkit
"Decision-making Matrix" of the elements required for lawful, valid
consent as applied in 'real-life' practice scenarios.
