The the human rights act in article 3 state

The concept of Consent in both capable adults and children is integral to treatment and care in healthcare settings.This assignment will discuss the concept of Consent in both adults and children integral to treatment and care in healthcare settings. Consent is a fundamental principle of health care; it is the giving permission to do something. In treatment setting ´informed´ refers to the choice of useful therapies, usefulness being a professional decision (Buka & Watkinson, 2015).In healthcare settings it means that the individual gives consent to medical treatments which may have consequences, harms, benefits, risks and alternatives. Consent to treatment is needed regardless of the procedure; professionals must provide the form of consent to their patients before initiating any procedure.  There are cases which consent might not be seek such as in emergencies, treatment would be provided without seeking the patients permission. A valid reason which a practitioner could use to justify the intervention is to preserve or save life, and in this case they would not be prosecuted for not asking for permission because they were acting in the best interests of the patient(Buka & Watkinson, 2015)..   The patients’ moral and legal rights must be respect they must have the authority to choose what is best for them even if the doctor does not agree. Patient can make complaint to the NMC or take legal action if they feel that they did not receive adequate information about the procedure they would be undertaking to enable them to accept or refuse their treatment (Buka & Watkinson, 2015).According to the human rights act in article 3 state ‘prohibition of torture’ it means no one shall be subjected to torture or degrading treatment or punishment. Furthermore, in common law touching a patient without valid consent may create the civil or criminal offence of battery.. A healthcare professional who is not the one in charge of treatment of another patient would be convicted to criminal civil professional conduct and disciplinary action.It’s vital that health practitioners are aware of the Human Rights Act and that they apply the act in practice in order to promote good practice( The nursing &Midwifery Council). Health professionals should explain the nature of treatment in details as long as it has been explained in aspect the nature of touching will not arise action in trespass Faden, Beaucham & King, 1986). According to Montgomery (2002) all citizens have an established National Health Service right ´to be given a clear explanation of any explanation of any treatment proposed, including any risks and alternatives, before deciding whether they will agree to the treatment.  Montgomery (2002) also stated that consent must be given in most cases before treatment is lawful, the English Law does not require that consent to be fully informed. Without such a consent health professionals would commit a crime (battery) and tort trespass to the person when they touched their patient. Therefore, failure to obtain informed consent may be imposed to the healthcare professionals and face battery or assault and false imprisonment (Staunton & Chiarella, 2008). False imprisonment is defined as individual is physically detained from leaving the place (Kelly, 2011). In the action for battery being brought against a clinician, their justification would be that they acted through necessity. The doctor owns a duty to take care of the claim and not cause injury. Negligence is the branch of a legal duty of care owed to one person by another which results in damage being caused to that person. Medical negligence in order for a claim that a doctor committed negligent for not disclosing enough information which made them make a decision which was not appropriated is considered as negligence. A doctor must explain the risks of recommended procedures to a patient before determine whether or not he/she would wish to go forward with the procedure (Faden, Beaucham & King,1986).  In contrast, the English Law does not apply that sufficient information should be given to the patient in order to them to make the final decision. There are 3 types of consent such as: Imputed consent the patient is given all the information in terms of what the treatment involves, including the benefits and risks, whether there are reasonable alternative treatments and what will happen if treatment doesn’t go ahead.Implied consent is given in the performance of nursing activities, for example the patient holding out their arm so that the nurse can measure their blood pressure. This is one of the weaker forms of consent as there has been no actual consent given. It is not always necessary for consent to be expressed if it is clear from the circumstances that the patient accepted treatment. The idea of implied consent is used to describe situations where the patient did in fact agree to treatment, but did not express that agreement verbally. The patient consented to removal of her right ovary, specially telling the surgeon beforehand that if both ovaries were found to be diseased, neither should be removed. The surgeon said that she should leave that to him, to which she made no reply. At operation, both ovaries were removed as the left as well as the right was found to be disease (Faden, Beaucham & King,1986). When the case came to trial, the judge said ‘if a medical man undertook an operation, it was a humane thing for him to do everything in his power to remove the mischief´. This case shows that the professionals failed in promoting principles of good practice this is because the patient was told not to think about it and to leave it for him to decide, therefore he broke the human rights act that suggests that all humans have the right to choose and be treated equally (Buka & Watkinson, 2015).Expressed consent involves the patient expressing their own understanding of the agreement to the operation or examination and this can be written or verbal (Lachman,2006). Written consent provides the clearest proof that the patient did in fact consent, and for that reason is preferred by health service ´bodies which may need to defend legal proceedings if anything goes wrong. The main importance of writing is that it provides good evidence. The best evidence of consent is signed consent form. Patients will argue that they are more likely to remember what happened because it was their only contact with health professionals, while the professionals would have seen a large number of patients in similar positions and might confuse them(Buka & Watkinson, 2015)..Informed consent can be written, oral or given by implication. The law on informed consent has changed following a Supreme Court judgment. According to a Supreme Court judgment, healthcare professionals must ensure that patients are aware of any risks involved in a treatment and alternatives which could be considered. Informed consent involves ethical principles autonomy or self-determination. In order for any treatment or care delivered to be lawful it has to be with the consent of patient. According to the Mental Health Capacity Act 2005 a person must be assumed to have capacity unless it is established that he lacks capacity(Buka & Watkinson, 2015).. In order for consent to be valid the patient must be competent, the patient must show understanding on what has been said about the procedure and have received sufficient information to take it. Their capacity would be assessed to prove their ability to understand, having in consideration the information relevant to a particular decision. The person must also be able to communicate the decision (Faden, Beaucham & King,1986).  Valid consent requires that  the person giving consent  must be competent; consent must be voluntary and not subject to duress or coercion; the person must have been given sufficient information to reach a decision and the treatment must not be unlawful or against public policy. An adult of sound mind is entitled to refuse lifesaving treatment. Reflects autonomy and self-determination (Schloendorff v Society of New York Hospitals 1914). Every human being of adult years and sound mind has a right to determine what shall be done with their own body(Buka & Watkinson, 2015)..An adult with capacity is entitled to withdraw consent at any time, even during the performance of a procedure. Therefore it is good practice for the practitioner to stop as soon as they can and explain the consequences of not completing the procedure. If the life of the person is at risk during the performance of the procedure the doctor is entitled to continue until that risk no longer applies. An individual’s capacity to consent might be difficult to be assessed during procedure, there are different factors which can contribute to a person to withdraw this could be because of pain, panic and shock which may diminish capacity to consent (Buka & Watkinson, 2015). If the patient is capable of making a decision whether to permit treatment and decides not to permit it his choice must be obeyed, even if on any objective view it is contrary to his best interests. A doctor has no right to proceed in the face of objection, even if it is plain to all, including the patient that adverse consequences and even death will or may ensue.” (per Lord Mustill at p.891.)”It is unlawful, so as to constitute both the tort and crime of battery, to administer medical treatment to an adult, who is conscious and of sound mind, without his consentSuch a person is completely at liberty to decline to undergo treatment, even if the result of his doing so will be that he will die.” (per Lord Keith at p.857)Children are less likely to have capacity, so presuming incapacity is justified in theory. In child cases due to lack of entitlement to make a decision for them it is the parent/guardian responsibility to agree to treatment on the behalf of a child up to age 18. A young person is considered to be competent to give valid consent to treatment or examination on their behalf. Young person´s 16 and 17 are able to consent to treatment as if they were of full age. According to Gillick, individuals are considered to be competent to make a decision. There are 3 stages that children go through to become an autonomous adult: children of tender children can consent for themselves and they reach the age of 16, they can agree to examination or treatment (Lynch, 2011). As stated by the Family Law Reform Act 1969, at the age 16 child consent is effective as if he/she were an adult. A child’s decision whether they would wish to receive treatment or not should be respected (Lynch, 2011). However, there are situations where a child might not agree to receive treatment because they misunderstood the treatment; therefore it is important that healthcare professionals explain in an appropriated way so that the child understands the treatment carefully. For example a 15y girl refused to accept a heart transplant saying she did not want another person’s heart, but at the same time she suggested that she did not want to die, this shows that she misunderstood and refused receiving heart transplant without thinking (Barett,2006).   If there is a disagreement between parents about what should be the best for their child, this could be taken into the court so that a decision could be made in the child’s best interests. Therefore the procedure to treatment would also be in delay which could contribute to a death or serious condition depending on the child’s situation (Walker,2002). It’s important to ensure that the child is involved as much as possible, even if they are under the age 16 or not considered to be capable of making a decision of their own involving the child is likely to make the child more positive about the treatment (Buka & Watkinson, 2015). In conclusion, it is essential that all healthcare professionals obtain valid and informed consent from their patient prior to carrying out any healthcare procedure. Failure to do so would render their action illegal and unethical. In modern healthcare settings the practitioner must ensure that patient autonomy is maximized. This is the key aspect of obtaining patient consent. In healthcare settings, practitioners might find challenging to determine whether a patient decision is based on reasoned judgment or if they are being influenced by other individuals opinions or clinicians or purely of their own accord. Patients should not feel under pressure from healthcare professionals or family members.Finally, no decision should be made about the patients treatment without their presence. 


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