Patient Consent and Nursing Practice: Legal and Ethical Considerations

This report delves into the critical aspect of patient consent within the healthcare system, emphasizing the pivotal role of nurses. It examines the legal and ethical considerations surrounding consent, referencing key legislation such as the Mental Capacity Act 2005 and the Human Rights Act 1998. The report outlines the responsibilities of nurses in obtaining informed consent, including verbal, written, and non-verbal consent, as well as addressing scenarios involving patients with impaired mental capacity or language barriers. It highlights the importance of respecting patient autonomy and providing comprehensive information to facilitate informed decision-making. Furthermore, the report discusses the nurse's role in patient advocacy and navigating the healthcare system, ensuring patients understand their treatment options and rights. The conclusion reinforces the significance of these legal and ethical frameworks in empowering patients and guiding nursing practice.

Aspect of Law:
Consent of Patients

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................1
REFERENCES................................................................................................................................2

INTRODUCTION
People refer to social and health care sector for treatment of various types of health
problems. In this sector nurse play a vital role as they are the one directing dealing with patients
and doctors as well. They advocate and care for individuals with all background through their
illness and collaborate with care team to plan for aid the patient. In the present report the role of
nurses in health care is discussed with respect to the act of consent from patients before stating of
the treatment. In this regard two of the legislation that is metal capacity act, 2005 and Human
Right act, 1998 are referred for determining the rights of patients and duty of nurses in the area
of consent.
MAIN BODY
Mantle capacity act, 2005 is formulated to empower and protect the people who lacks
mantels capacity to take decision for their own treatment, care and support. This is applicable to
the individual of age 16 and above (Kholasi, Sherwin and Dickinson, 2017). The person with
lack of mental capacity can be those suffering from dementia, severe learning disability, brain
injury, mental health illness, stroke and unconsciousness. The MCA also allow people to express
their preference for care and treatment and appoint such person whom they trust to make
decision on their behalf.
Mental capacity of a patient can be defined as consent form patient is very important to
be taken before starting a medical treatment but the fact must be taken care of that the person
must be capable of giving consent. This means he/she must be able to understand the
information given to them and they are capable of using the same in making an informed
decision.
Consent in the context of social and health care sector consent can be defined as approval
from the patient before starting of any treatment. A person must give permission before they
receive any medial treatment, test or examination.
Valid informed consent in health care sector nurses are responsible to take valid informed
consent from a person willing to go under medial treatments (Consent to treatment, 2018). This
can be defined as the person must be given all the information related with what is included in
treatments along with its benefits and risk. Weather there is an alternative available to it or not,
and what will happen if the treatment is not given.
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Verbal consent is permission from parties to medical treatment, test or examination can
be verbal or oral just by saying yes to the medical procedure.
Written consent for the medical practitioner and nurses it is more practicable to take
written consent theorem patient signing to the consent from for the medical treatment. The
consent forms are evidence of the permission from the patient about the treatment.
Non verbal consent is an acceptance for treatment in non verbal form when a person
understand the treatment or the examination which is about to take place. This can be from
gesture from the person giving a consent, say nodding of the head to take X-ray.
A consent must be given directly to the healthcare professionals who are directly
responsible for the treatment of the person that is the doctor, nurse, GP or surgeon.
For instances where language barriers for consent such as the person lacks the capacity
to consent due to communication gap such as language issues, or deafness the informed consent
from such person is taken by involvement an interpreter in between the medical professionals
and the person. Such as for deaf person in UK consent is taken for the medical treatments
through British sign language by the NHS staff.
Consent from unconscious patients is another concern area for nurses in health care
practices in such cases patient make a lasting power of attorney in which he/she allows a person
of is at least of 21 years of age to take decision and act on his/her behalf in case that person loses
the metal capacity (Mental Capacity Act, 2018).
A person who is not in metal capacity to make decision about his/her medical treatment
and have not appointed any lasting power of attorney the profession in healthcare and nurses can
go ahead and give treatment to the person in his/her best interest. But advise from relatives and
friends must be sought before making these decision.
Human right Act 1998, provides basic rights and freedom to every person in UK from
birth till death. Theses rights are related with dignity, fairness, equity, respect and independence
(Rumbold and et.al., 2017). This law is applicable to everyone in UK and all the public
authorities must respect theses rights described in the Act along with a duty to protect and fulfill
the rights. Public authorities includes NHS hospitals, central government, schools, courts etc.
Right of the patients to accept or refuse treatment: An adult person having mental
capacity to make a voluntary and informed decision to consent regarding accepting or refusing to
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treatment, his/her decision must be respected. Even, if the decision of that person lead to their or
unborn child's death.
Nurses play an essential role in decision making of patients. They provide all the
information related with treatment to patients and act as patient navigator. Nurses help and guide
them through health care system, and assist them to understand their medical treatment option
and explains them insurance coverage (Health Care Policies: Nursing’s Role in Patient’s
Decision Making, 2018). Nurses sometime face issue related with language and communication
and getting consent from the patients in such case interpreter are engaged between nurses and
patient to mitigate the barrier and provide fill information to patients in order to make an
informed decision.
CONCLUSION
From the above essay it can be concluded that the Mental capacity Act in the UK have
empowered certain right over the patient who cannot make informed decision about their
medical treatment and care. The nurses and NHS staff has been made responsible and imposed
with responsibility to take informed consent from the patients before starting their treatment.
The nurses in the hospital and cirques have duties to provide care and support service and to
informs patients about all. The nurses play a vital role in decision making process of the patients
as they are the one providing them complete and correct information about the medical treatment
and care.
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REFERENCES
Books and Journals
Kholasi, T., Sherwin, E. and Dickinson, C., 2017. Application of the Mental Capacity Act
(2005) and Consenting for Treatment under Concious Sedation. SAAD digest. 33. pp.24-
28.
Rumbold, B and et.al., 2017. Universal health coverage, priority setting, and the human right to
health. The Lancet. 390(10095), pp.712-714.
Online
Health Care Policies: Nursing’s Role in Patient’s Decision Making. 2018. [Online]. Available
through :<https://online.ben.edu/programs/msn/resources/health-care-policies-nursings-
role-patients-decision-making-and-health-promotion>.
Mental Capacity Act. 2018. [Online]. Available through :<https://www.nhs.uk/conditions/social-
care-and-support-guide/making-decisions-for-someone-else/mental-capacity-act/>.
Consent to treatment. 2018. [Online]. Available through
:<https://www.nhs.uk/conditions/consent-to-treatment/>.
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