Informed consent

Conditions for informed consent

Voluntary decision, free from pressure.
- This is not just pressure from relatives and friends, but also the police, caregivers, immigration services, or prison authorities.
Informed decision, with all the facts given to the patient.
- Share all information that is needed for the patient to make such a decision.
- Especially the option not to have any treatment.
Capacity to consent demonstrated by the patient.
- This means the patient has the ability to consent.

This is covered by the Mental Capacity Act 2005.
Every adult (>16 years old) is presumed to have capacity to consent.
An adult does not lack capacity just because they made an 'unwise' decision.
If an adult is found to lack capacity, then all steps must be taken to give them capacity before continuing.
- For example, a confused patient may be lucid in the afternoon and confused at night. A patient with dementia may be able to make a decision if given a written record of the discussion. A patient with intellectual disability may be able to make a decision if the options are explained in simple terms.
Capacity to consent must be assessed on each occasion and for each particular choice to be made. For example, a patient may be able to consent to antibiotics but not to genetic tests.
If unsure, then ask nursing staff and other healthcare professionals for their views too.

Able to understand the information related to the decision.
Able to retain the information.
Able to use the information to reach a decision.
Able to communicate the decision.
If any of the above cannot be fulfilled, then a person lacks capacity to consent for that particular decision.

This is also covered by the Mental Capacity Act 2005.
Treatment should be in the patient's best interests.
The patient should still be treated with respect and be involved in decision-making as much as they are able to.

These are two offences that occur when something is done to another person without their consent.
Assault is an intentional act that causes someone to expect or fear personal violence (this includes preparing to punch someone or threatening someone for example).
Battery is when someone inflicts any kind of personal violence, meaning bodily contact, on another person.
Therefore taking blood, measuring blood pressure, performing surgery, could all fall under these categories. Obviously, patient consent is presumed or formally taken for these procedures.