Consent

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  • Created by: Georgia
  • Created on: 08-05-18 23:38

1. What is the first of three steps for determining best interest?

  • Taking into account views of named people, carer, donee of LPA, a deputy or an Independent Mental Capacity Advocate (IMCA).
  • Likelihood of the patient regaining capacity, and when this is likely to happen;
  • Past and present wishes, feelings, beliefs, values and any other factors that may affect the patient.
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Other questions in this quiz

2. What case/s relate to patient believing information they are told?

  • Re C and Re MB
  • Re C only
  • Re MB only
  • No case law for this point

3. What were the test in Re C (1994) regarding the assessment of capacity

  • 3-stage test; patient must be able to understand and retain information; believe it; and weigh it up on balance.
  • 4 -stage test; patient must be able to understand information; retain information; believe it; and weigh it up on balance.

4. What was the opinion of Lord Donaldson in Re R (1991) and Re W (1992)?

  • Anorexia destroys ability to reason and have capacity, therefore treatment was ordered
  • Enforcing paternalism, job to get that child to 18 and overrides 16/17 y/o decisions

5. A case where courts are involved where patients cannot make decision alone, not done for therapeutic reasons

  • Re C (HIV Test) (1999) - Parents had HIV, refused child to be tested. Testing authorised as important to determine health of child
  • Re C (Hep C) (1999)- Parents had Hep C, refused child to be tested. Testing authorised as important to determine health of child

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