Balancing Respect for Autonomy and Best Interests of Adults Ilona Blee & Jonathan Tsun.

Slides:



Advertisements
Similar presentations
An informed consent process for people with learning disabilities and their carers Dr Anita Young Health Services Research Group The Robert Gordon University.
Advertisements

Confidentiality, Consent and Data Protection Elizabeth M Robertson Deputy Medical Director Grampian University Hospitals Trust.
Mental Capacity Act 2005.
Assessing capacity in General Practice. Aims Brief overview of metal capacity act Become more familiar with assessing capacity in General Practice.
The Mental Capacity Act 2005 Implications for Front Line Staff Richard Williams Professor of Mental Health Strategy, University of Glamorgan Professor.
2005. Why is it necessary When person lacks capacity physicians have power and influence over them which could be abused 30% pts on acute medical wards.
Assessing Capacity What is your responsibility ? How do you do it ? Carly Houghton Team Leader Deprivation of Liberty Team LCC Helen Pearson Board Officer.
Epilepsy and Mental capacity
Mental Capacity Dan Haworth.
Informed consent in research ethics
For consent to be valid: The patient must be competent – Mental capacity is decision-specific – Ability to understand, retain and weigh in the balance.
Informed Choice. Overview Brief introduction to cases (ours, yours) Elements of informed choice Capacity Informed choice for research Return to cases.
Patient’s Bill of Rights L. Kay Garrison, PT, DPT.
Sophie Harvey GPST1 Abid Sabir GPST1 19/12/2012
GARY HAIGH CAPACITY AND CONSENT. CONSENT Establishing consent is fundamental to respect for patients rights. It is a legal obligation.
Issue requiring person to give informed consent All adults should be presumed to have capacity unless the opposite has been demonstrated. Consent must.
Obtaining Informed Consent: 1. Elements Of Informed Consent 2. Essential Information For Prospective Participants 3. Obligation for investigators.
Research Ethics Anne J. Davis, RN, PhD, DSc (hon), FAAN.
Lower Limb Nerve Injuries
Baltic Dental Meeting Palanga Dana Romane The Patient in the Centre – Patient’s Involvement in the Treatment Process, Full Awareness and.
CHAPTER 3 Informed consent BY; DR. UCHE AMAEFUNA (MD)
ADVANCE DIRECTIVES PLANNING FOR MEDICAL CARE IN THE EVENT OF LOSS OF DECISION-MAKING ABILITY.
1 APPEARING BEFORE THE MENTAL HEALTH TRIBUNAL. 2 Index The Provisions of the Act relating to Tribunal hearings3 – 6 What is Evidence 7 Section 24 Continuing.
Dr Mike Ewart Smith Division of Psychiatry, University of Witwatersrand The Ethics of Informed Consent: Revisiting the Doctor Patient Relationship.
Mental Capacity Act and the Deprivation of Liberty Safeguards Andrea Gray Mental Health Legislation Manager Welsh Government.
1 How the law stigmatises people with mental illness George Szmukler Professor of Psychiatry and Society Institute of Psychiatry, King’s College London.
The Mental Capacity Act 2005 No decisions about me without me.
Syed & Quinn Ltd 09/10/2015 Syed & Quinn Ltd
The Case of the Bad Stick Meghan Kaumaya Kenneth Koncilja Aravind Reddy Andrew Williams.
THE MENTAL CAPACITY ACT WHY THE ACT? No existing legal framework to protect incapacitated people Only safeguards relate to money & assets Incapacity.
Consent Dr Lisa Joels MD FRCOG Royal Devon &Exeter NHS Trust November 2011 © Royal College of Obstetricians and Gynaecologists.
Case Study: Medical Research Jillian Cudmore Mallory Anne Andrea Currie Amy DeBaie.
Assessing capacity under the Mental Capacity Act 2005
Louise Wilson, Solicitor.  Royal Assent – April 2005  Came into force April & October 2007  Many common law principles now enshrined in statute  Court.
Mental Capacity Act – Principles and Practice Steve Blades GP Lead for Adult Safeguarding.
Capacity for Consent - How Much Do We Know About It? Kate Evans Specialist Registrar in Emergency Medicine Derriford Hospital, Plymouth.
Mental Capacity Act 2005 Safeguarding Adults.
Mental Capacity Act 2005 K. Nichols Mental Capacity Act 2005  The Mental Capacity Act 2005 provides a statutory framework to empower and protect.
Consent Procedures. What is Informed Consent? Consent by a patient to a surgical or medical procedure or participation in a clinical study after achieving.
The Law in Action; The Court of Protection Janice White Senior Solicitor 18 th April 2013.
CONSENT IN PAEDATRIC PATIENT. CONSENT Consent is the granting to someone the permission to do something they would not have the right to do without such.
Embedding choice and decision making in the curriculum Royal College Manchester.
Consent & Vulnerable Adults Aim: To provide an opportunity for Primary Care Staff to explore issues related to consent & vulnerable adults.
1 Health and Disease in Populations 2002 Session 8 – 21/03/02 Randomised controlled trials 1 Dr Jenny Kurinczuk.
Cervical Screening of Women with Learning Disabilities Sandra Montisci (Head Nurse/Community Matron LD) Sally Davis (Community Learning Disability Nurse)
ETHICAL ISSUES AND INFORMED CONSENT Juan M. Lozano, MD, MSc Department of Paediatrics and Clinical Epidemiology Unit School of Medicine, Javeriana University.
Issue requiring person to give informed consent All adults should be presumed to have capacity unless the opposite has been demonstrated. Consent must.
By MUREREREHE Julienne BDT(Hons) KHI..  Informed consent is a legal document, prepared as an agreement for treatment, non-treatment, or for an invasive.
Issue requiring person to give informed consent All adults should be presumed to have capacity unless the opposite has been demonstrated. Consent must.
Mental Capacity Act and DoLS. Aim – Mental Capacity Act You will: Know what is covered by the MCA Understand the principles of the Act Understand what.
© Care Act 2014 Joanna Burton, Solicitor Clarke Willmott LLP T: E: W:
Patients and doctors making decisions together GMC Guidance 2008.
Understanding the Mental Capacity Act David Neal Head of Policy, NRES.
AMC Jan 2010 Mental Health Awareness for Control Staff.
Being in control of my choices Martin Watson Mental Capacity Act Project NHS Birmingham South Central CCG.
The 5 Principles of the MCA The Safeguards of the Act 1. Start by assuming the person has capacity to make the decision for themselves Every adult over.
Dennis is 90 years old, he has fallen over and needs an operation, the medical team states that his wife can consent on his behalf, if he is unable to.
AMC Jan 2010 Your next patient needs treatment but Refuses to Travel.
Scenario 1 Case Based Discussion on Assessing Mental Capacity.
Law relating to the patient who lacks capacity Dr Melissa McCullough Queen’s University Belfast.
Mental Capacity Act 2005 The Mental Capacity Act 2005 provides a legal framework to empower and protect people aged 16 and over who lack, or may lack,
A Matter of Consent….
SAFEGUARDING – MENTAL CAPAPCITY ACT.
Cervical Screening and the Mental Capacity Act [2005]
Unit 503: Champion equality, diversity and inclusion
HOW TO CONSENT A PATIENT?
Mental Capacity Act (2005) Decision Making Pathway
Mental Capacity Act 2005 The MCA says that a person is unable to make a particular decision if they cannot do one or more of the following four things:
Competency to Give an Informed Consent: A Model for Making Clinical Assessments James Drane.
Mental Capacity Act 2005.
Presentation transcript:

Balancing Respect for Autonomy and Best Interests of Adults Ilona Blee & Jonathan Tsun

Let’s start with the basics…  What is “autonomy”?  “The quality or state of being self- governing”  “Freedom from external control or influence; independence”  What are “best interests”?  In my own words, patient’s best interests is a set of wishes, values, and priorities that a patient would have if they had full mental capacity.

As a doctor, how do you respect patients’ autonomy?  Respect for patients’ values and decisions.  Avoiding deception of patients.  Providing information about choices for patients.  Optimising their capacity to make autonomous decisions.  Avoiding coercion.

Under what conditions can patient autonomy be disregarded? 1. Harm to other (or risk of harm) 2. Social justice  E.g. managing NHS resources responsibly 3. Legal constraints  E.g. the need to use evidence-based therapies only 4. Harm to ourselves (or risk of harm)

When acting in a person’s best interests, what 3 things must you ascertain/consider? 1. The person’s past and present wishes and feelings (in particular any relevant written statements from when person had capacity) 2. The person’s beliefs and values that would likely influence the decision if the person had capacity to do so 3. Any other factors that the person would likely consider if he/she were able to do so

 Before you do anything with/to/on a patient, what must you first obtain from the patient?  Valid consent!  What are the requirements for valid/informed consent? 1. Capacity (competence) 2. Information 3. Voluntariness (free from coercion) This is something that will never stop coming up on exams. Be as familiar with this as you are with your own name.

 What are the requirements for a patient to be deemed as having capacity?  Patient must be able to: 1. Understand the information relevant to the decision 2. Retain the information 3. Use or weigh the information in order to make the decision 4. Communicate the decision back (whether by talking, sign language, or any other means)  What is the legal framework that governs this?  Mental Capacity Act This is something that will never stop coming up on exams. Be as familiar with this as you are with your own name.

Mental Capacity Act – Five Key Principles Think of these principles as things you must always consider when assessing whether or not a patient has capacity. 1. Every adult has the right to make his/her own decisions and must be assumed to have capacity unless proven otherwise 2. An “unwise” decision is not an indication of lacking capacity 3. In a person who lacks capacity, anything done or any decision made on their behalf must be done in the person’s best interests 4. A person must be given all practicable help before they are treated as lacking capacity  (This goes back to the requirements for capacity. E.g. a paralysed patient who is fully conscious but cannot speak or make any large movements – their decision can still communicated via blinking their eyes) 5. Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms

A 24 year old man presents with a small tumour with early signs of metastasis to various organs. He is otherwise perfectly fit and healthy. If left untreated, the tumour would likely kill him. But if treated early, he would probably recover completely. When talking to him about treatment options, he stops you and tells you he doesn’t want to fight it. He does not believe in altering his life course with medicine and chooses to let the cancer run its course.  Does this patient have capacity? Why/why not?  Yes. From the information given, he does not appear to violate any of the conditions for capacity.  As a doctor, is there any way to “force” treatment upon this patient?  NO!!!!  Adult patients may refuse treatment for reasons which are “rational, irrational, or for no reason”  “…even where the treatment is necessary to preserve life”

And now for some random questions….

What are 3 issues that must be considered for a clinical trial to be regarded as ethical? Describe what each one means/entails. 1. Ethical dilemma  Clinician must provide best treatment option available for each individual patient  Treatments (control vs experimental) must be allocated randomly 2. Clinical equipoise  “Reasonable uncertainty about which treatment (including non-treatment) is better”  Randomisation does not deny any patient the best treatment 3. Informed consent  Must be explained: i. Patient is invited to be in a trial ii. What the alternative treatment options are (and side effects) iii. Treatment will be allocated at random iv. Patient may withdraw at any time  Information must be given:  Verbally and in writing with “cooling off” time for the patient to think about their decision  By a knowledgeable informant

30 year-old male suffered from a right superior gluteal nerve injury in a motorcycle crash. He is examined later and exhibits a waddling gait and a positive Trendelenburg sign. Describe the difference between Trendelenburg sign and Trendelenburg gait. Trendelenburg sign – when you ask the patient to lift the leg on the unaffected side, the patient’s pelvis will drop down toward that side. When you ask the patient to lift the leg on the affected side, the pelvis will remain flat. Trendelenburg gait – when the patient walks, the pelvis of the unaffected side will rise above the affected side, attempting to compensate for the pelvic drop. Loukas, M. (2010). Gray’s anatomy review. Philadelphia: Churchill Livingstone/Elsevier.

30 year-old male suffered from a right superior gluteal nerve injury in a motorcycle crash. He is examined later and exhibits a waddling gait and a positive Trendelenburg sign. Which of the following would most likely be found in this patient? A) Difficulty in standing from a sitting position. B) The left side of the pelvis drops or sags when he attempts to stand with his weight supported by the right lower limb. C) The right side of the pelvis drops or sags when he attempts to stand with his weight supported by the left lower limb. D) Weakened flexion of the right hip. E) Difficulty in sitting from a standing position. X Loukas, M. (2010). Gray’s anatomy review. Philadelphia: Churchill Livingstone/Elsevier.

A 32-year old patient received a badly placed intramuscular injection to the posterior part of his gluteal region. The needle injured a motor nerve in the area. Later, he had great difficulty rising to a standing position from a seated position. Which muscle was most likely affected by the injury? A) Gluteus maximus B) Gluteus minimus C) Hamstrings D) Iliopsoas E) Obturator internus X Loukas, M. (2010). Gray’s anatomy review. Philadelphia: Churchill Livingstone/Elsevier.

Thank you! Any questions? Feel free to find us or message us if you have any questions!!