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Consent, Capacity & Confidentiality

The consent must fulfil three criteria: it must be voluntary, it must be informed and must be
made by a patient who has capacity to make a decision in question. With the case of Patient
C, it comes down to her being informed about how it will affect her lifestyle and how her life
will change based on dialysis and then assessing whether she is fit to make this decision for
herself

Capacity is generally presumed unless the patient is unable to understand the treatment, its
benefits, risks and any alternatives as well as the consequences of not receiving the
treatment. Be able to retain the information for long enough that you can weigh up all
information, make a (now) informed decision and communicate that decision.
It is presumed that over 16 years old you have capacity, however under 16 you can
sometimes have the capacity to make a decision.

Perhaps the sanctitiy of life is still absolute and that no matter what we should consider life
above all. The relatives and others concerned should be taken into account when making
decisions (eg C’s 3 daughters when she refused treatment)

Refusing treatment =/= asking for an assisted death

Incapacity
When someone is unconscious, due to precedent set out in common law, a doctor can take
the actions to save the person’s life (after an accident)
Adults with incapacity Act 2000 can be used to provide ongoing treatments when someone
lacks capacity.
Make sure ot consider the patient’s past decisions or any known views as well as consulting
any relatives, proxies etc.

Confidentiality
A patient have the right to privacy and without confidentiality the patient would lack trust in
the doctors and not entrust them with their treatment. Patients need to confide in doctors
for treatment to be appropriate.
However, the patient can give consent to break confidentiality, sometimes you’re legally
required for example in the recent Ebola outbreak. It can also be justified as in the public
interest eg suspected serious criminal activity, and if ordered by a judge in a court to reveal
details

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