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Published byMarion Long Modified over 9 years ago
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Aiesha and Gareth
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Applies to? When is a patient deemed to lack capacity? Guiding principle? Anyone over 16 who LACKS capacity Patient is unable to ◦ understand, ◦ retain ◦ weigh up information relevant to a decision, ◦ communicate. Capacity is assumed in over 16. Decisions must be in the best interest of the patient
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I have a proud infestation of crabs, whom I love and take great care of. I am worried that if I lose capacity the doctors may hurt them. I have made an advance refusal of treatment. Which Act dictates the conditions for this to be valid? Mental Capacity Act 2005
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3 criteria for detention and treatment Person suffering from a mental disorder defined in the act Treatment is ONLY for the mental disorder Person poses a risk to him/herself or others.
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Which piece of legislation (statute) regulates each of the following: (i) restraint of patients? (1 mark) (ii) deprivation of a patient’s liberty? (1 mark) 1)Mental Capacity Act 2)Mental Health Act
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Mental health act 1983 Mental capacity act 2005 Children act 1989 -Only for mental disorder -Can be detained for assessment and/or treatment for a mental disorder -Must have a mental disorder as defined in the Act (including AN) -High risk to self/others -≥16yo who lack capacity -Must be in the best interests of the patients -A valid advance refusal of treatment must be respected -Someone with a lasting power of attorney can make decisions on behalf of the patient, including refusal of treatment -Under 18yo -Someone with parental responsibility can consent to/refuse treatment -A competent child’s refusal can be overridden if a valid consent is obtained from someone with authority to consent
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Data protection act When can you break confidentiality?
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Consent for donation Consent for display or anatomical examination Hierarchy of consent Criteria for diagnosis of death Joining organ donor register
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Embryo testing Embryo selection Embryo implantation
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4 criteria pregnancy hasn’t exceeded 24 weeks and involves risk of injury to physical or mental health of the woman or her existing family termination is necessary to prevent permanent injury to the woman continuation would risk the woman’s life there is a substantial risk that the child will be seriously handicapped
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