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For consent to be valid :

For consent to be valid :. The patient must be competent Mental capacity is decision-specific Ability to understand, retain and weigh in the balance the information relevant to a particular decision Able to communicate the decision

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For consent to be valid :

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  1. For consent to be valid: • The patient must be competent • Mental capacity is decision-specific • Ability to understand, retain and weigh in the balance the information relevant to a particular decision • Able to communicate the decision • Minor cannot give consent until age of 16 (Gillick competence) • The patient must have sufficient information to make a choice– • Explanation of the investigation, diagnosis or treatment • Probabilities of success, or the risk of failure. • Given time to ask questions.

  2. For consent to be valid: • The patient must be able to give their consent freely – • Pressuring patients into consenting to treatment invalidates the consent • Be given time to consider their options before deciding to proceed with a proposed treatment.

  3. Gillick competence • Gillick competence is a term originating in England. It is used in medical law to decide whether a child (16 years or younger) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge • Children aged 16 and over are usually presumed to be Gillick competent.  • Children younger than 16 can however be deemed as Gillick competent.

  4. Gillick competent means: For a particular decision, a young person • Understands the problem and implications • Understands the risks and benefits of treatment • Understands the consequences if not treated • Understands the alternative options • Understands the implications on the family • Able to retain (remember) the information • Able to weigh the pros and cons  • Able to make and communicate a reasoned decision about what their wishes are.

  5. Young people aged 16-17 • By virtue of section 8 of Family Law Reform Act 1969 – people aged 16/17 are presumed to be capable of consenting o their own medical treatment. However, the refusal of a competent person aged 16-17 may in certain circumstances be overridden by either a person with parental responsibility or a court if it would in all probability lead to death or severe permanent injury.

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