While it has always been well established that an adult who lacks capacity can not give
valid consent to treatment, the Mental Capacity Act (MCA) places a renewed emphasis on the autonomy of the patient and imposes a clear requirement to involve patients and those close to them in the decision - making process in relation both to medical treatment and to the...
Not exact matches
Many people in different care settings are deprived of their liberty by virtue of the type of care or
treatment that they are receiving, or the level of restrictive practices that they are subject
to, which they lack the mental capacity
to provide
valid consent for.
If a child is Gillick competent and wishes
to receive
treatment, their
consent alone is sufficient authority without the need
to obtain parental
consent; although those with parental responsibility for the child should generally be consulted (subject
to any
valid refusal of
consent to share information).
As with adults, a young person or child may have capacity (within the meaning of the MCA 2005) / be Gillick competent
to make a decision about
treatment / care, but be unable
to provide
valid consent because they are overwhelmed / unduly influenced and / or coerced.
The following are examples of
valid compound authorizations: an authorization for the disclosure of information created for clinical research combined with a
consent for the use or disclosure of other protected health information
to carry out
treatment, payment, and health care operations, and the informed
consent to participate in the clinical research; an authorization for disclosure of psychotherapy notes for both
treatment and research purposes; and an authorization for the disclosure of the individual's demographic information for both marketing and fundraising purposes.
Whether it was possible
to prove by evidence that a form WP / PP, which could not be found, had, in fact, been executed in a manner complying with HFEA 2008, Pt 2 and whether, if that was permissible, and the finding was made, the fact that the form could not be found prevented it being a
valid consent, as involving a breach by the clinic of its record - keeping obligations — this was a factual question, the court had
to be satisfied the form (which was lost) had been signed before
treatment.