Patient Consent

Paperback | February 6, 2014

byElizabeth Charnock, Denise OwensEditorElizabeth Charnock

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The general position in law is that there is an obligation for practitioners to obtain valid consent from their patients before touching them as part of an examination, routine personal care or therapeutic treatment. However, the law relating to consent is complex. Situations may arise where a patient requires urgent treatment yet is either unwilling or unable to give their consent. Concerns may also arise over the form and context of the consent.

 

With reference both to decided case law and work based scenarios, this guide provides a succinct and accessible guide to consent for all health and social care practitioners. This is an accessible but informative reference to the concept of consent to treatment. It provides an introduction to the legal basis of consent and explores the issue of valid consent. This book considers issues within the context of illustrative practical examples, and decided case law.

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From the Publisher

The general position in law is that there is an obligation for practitioners to obtain valid consent from their patients before touching them as part of an examination, routine personal care or therapeutic treatment. However, the law relating to consent is complex. Situations may arise where a patient requires urgent treatment yet is e...

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  There is an obligation for practitioners to obtain valid consent from their patients before examination, routine personal care or therapeutic treatment. However, the law relating to consent is complex. Situations may arise where a patient requires urgent treatment, yet is either unwilling or unable to give their consent or there are ...

Elizabeth Charnock is a Lecturer in Nursing at the School of Nursing, Midwifery & Social Work, University of Salford, UK. Denise Owens is a Lecturer in Nursing at the School of Nursing, Midwifery & Social Work, University of Salford, UK.

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Format:PaperbackDimensions:42 pages, 8.75 × 6.35 × 0.68 inPublished:February 6, 2014Publisher:Taylor and FrancisLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0273775170

ISBN - 13:9780273775171

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Table of Contents

Nursing & Health Survival Guide:

Consent and the Patient

Contents

INTRODUCTION

PATIENT CONSENT: A SIGNIFICANT CONTRIBUTION TO RESPECTFUL PATIENT CARE

 

UNDERLYING PRINCIPLES OF CONSENT

The Importance of Patient Consent

Who Should Gain Patient Consent?

Verbal Consent

Implied Consent

Written Consent

The Mental Capacity Act 2005

The Requirements of a Valid Consent

Voluntariness

Relevant Information

The Importance of Good Communication

Capacity

The Principle of Necessity in an Emergency Situation

 

CONSENT AND THE ADULT PATIENT

   Respecting the Adult Patient’s Competent Decision to Refuse Treatment

   A Rational Decision

   Withdrawal of Consent

   Settling Disagreements

 

CONSENT AND THE ADULT WHO LACKS CAPACITY

   Lasting Power of Attorney

   Court Appointed Deputy

Acting in the Best Interests of the Adult Patient

Advance Decisions and Refusal of Treatment

   Deprivation of Liberty and the Issue of Restraint

Providing Care to Patients who Lack Capacity

   The Patient with a Mental Health Condition

  

CHILDREN AND CONSENT

   Gillick Competence

   The Importance of Involving Children in Treatment Decisions

   Refusal of Treatment by a Child or Young Person

   The Child who is Not Competent to Give Consent

Parental Responsibility

Best Interests

Disagreements

 

YOUNG PEOPLE AND CONSENT

   Capacity

   Parts of the Mental Capacity Act 2005 that do Not Apply to Young People   16-17 years

 

USEFUL WEBSITES

 

KEY REFERENCES