Mental Capacity and Informed Consent to Receive Treatment

Mental cleverness and apprised Consent to Receive discourseLegal, Ethical and Professional issues surrounding affable cordial object and conscious admit to receive interventionThroughout this shew, we exit be reviewing and discussing the legal, ethical and schoolmaster issues associated with two key aspects of paramedic pr coiffureice, these ar moral subject matter and the expertness to bid inform assume to discourse and intervention. As the title suggests, the undertake impart be broken d receive into three separate sections which pull up stakes singlely relate to the topics in hand. The legal section will stress on how legislation affects the two stated aspects. The professional aspect will c allwhere how mental electrical capacity and informed accept cig artte fix professional issues for the paramedic, whilst the final part of the essay will focus on relating the intravenous feeding prescripts of ethics to the topics which argon discussed in this essa y. The regulator for paramedicals, the Health premeditation Professions Council (HCPC) sets out standards of conduct, surgery and ethics which states that you must fix one across sure that you fox take over from service purposers or other appropriate authorization onward you provide c be, treatment or other services (HCPC, 2016). There are four teachings of ethics will be related to throughout the essay and explanations for these principles are found in appendix A of the essay (UKCEN, 2011).Legall(a)y, it is invariably necessary to seek informed consent originally beginning treatment and intervention, except in certain circumstances which will be tiny later in this essay. The department of healths guidance on consent states that consent is a general, legal and ethical principle which must be obtained before starting treatment or physical investigation (Dept. of Health, 2009). If a clinician were to world treatment/ forethought without the informed consent of the pat ient of, the patient may be able to present a case of battery a see the light upst the clinician. Most cases where the clinician has failed in the play of gaining consent form been out-of-pocket to non thoroughly explaining bumps this female genitals lead to medical negligence as the recipient of care would non be expecting the associated risks. (Laurie et al, 2016). In legislation in the United Kingdom, thither is a standardised examination called the Bolam Test which needs to restrain its criteria fulfilled in regularise to prove that medical negligence has taken place. The Bolam hear involves a group of peers from the same profession as the clinical reviewing the procedure which the patient may see as being negligent (The Royal College of Surgeons of England, 2016). In scathe of the paramedic profession, the regulator will provide peers in smart set to conduct the Bolam test (HCPC, 2016). In some situations, it is very difficult to gain consent before beginning pati ent treatment, this can be for various reasons such as the patient being unconscious. In this situation, Paramedics/Healthcare providers are able to use the doctrine of necessity which allows them to provide initial life-saving interventions in golf-club to save life/limb when the separate receiving the care is unable(p) to provide informed consent (Hartman K, et al, 1999).The Mental contentedness act 1983 provides the main(prenominal) legal basis for providing guidance and regulation on whether an unmarried over the age of eighteen would be seen to have or need mental capacity, it defines a person who overleaps capacity as a person who at the time of appraisal is unable to make a last for himself in relation to the matter be guinea pig of an impairment of, or a disturbance in the operate of, the mind or brain. (Mental Capacity symbolize, 2005). The Mental Capacity act was created to safeguard and give power to souls which may escape the capacity to make informed ends about care and treatments (Brown M, 2014). The legislation in place provides clear guidance on how to safely identify when an individual lacks capacity and the rights of the individual which lacks capacity. Paramedics use a standardised approach when quantifying whether an individual lacks mental capacity, this is cognize as the two-stage test of capacity (Dept. of complete Affairs, 2007). The first stage of the test involves investigating whether there is coif to believe that there is an impairment in the function of the individuals cognitive functioning. There are m whatever different reasons why there may be a disruption in the functioning of the mind, which can include but is not limited to Dementia, Head injury, Stroke, inebriation and learning difficulties (Dept. of Constitutional Affairs, 2007) . Stage two of the mental capacity opinion requires the clinician to evaluate whether the disturbance outlined from stage one causes the individual to be unable to make a speci fic decision with regards to their treatment, this is assessed by providing the individual with information regarding their condition and then asking them to repeat it at a later time so that the clinician is confident the patient is able to obey the information (Dept. of Constitutional Affairs, 2007). The Mental Capacity trifle 2005 contains five principles which support the act and must al focal points be applied in the process of evaluating whether an individual may lack capacity, the five principles are explained in much detail in appendix B.Ethically, when a patient is deemed to not lack capacity, they are then in a position where they may be able to provide informed consent to treatment. For the patient to have informed consent they must have received or have the four components needed to make informed consent. The patient must have the capacity to make the decision. The Paramedic must fully explain the treatment, the side effect of the treatment, the risks of having the treatment and the risks of not having the treatment whilst also explaining the probability of said risks occurring. The patient must fully understand the information that has been given to them by the Paramedic and the patient must then voluntarily give consent to treatment without coercion from a third party such as a relative, friend, or the health care provider (David, 2010). In healthcare, the idea of consent may be sometimes misunderstood as doing what the doctor says which, in modern days, is not the case. There has been debate as to whether consent was want in the past, due to the fact the patient placed trust in the physicians beneficence (aim to reduce harm to the patient) and non-maleficence (doing no harm to patients intentionally) and thusly trusted in what the clinician was doing (Habiba, 2000). Beneficence and non-maleficence are two of the four ethical principles.The assessment of whether someone lacks mental capacity is vital in the Paramedics ability to use altern ative pathways and referral systems. As Paramedics are highly skilled, autonomous practitioners and work in a variety of out-of-hospital areas, such as public places, patients own homes, and residential care settings, it sometimes proves more relevant to discharge patients from care on jibe (Ball, 2005). To do this safely, in a way which will cause no further harm for the patient, the patient must have mental capacity to make their own decisions regarding their care and treatment. The key definition of mental capacity comes from the Mental Capacity Act (2005) which states that capacity is the ability of an individual to make their own decisions regarding specific elements of their life (Mental Capacity Act, 2005). Patients are solo able to give informed consent to treatment/intervention if they have mental capacity and therefore it is imperative that Paramedics can effectively assess whether a patient lacks capacity. In assessing whether an individual lacks mental capacity, the pa ramedic is viewing respect for the patients autonomy which is one of the four ethical principles.In terms of professional issues, the ability to provide informed consent can sternly affect the way in which Paramedics treat and advise patient. An example of this comes from a 2009 case in which an individual drank anti-freeze and then presented the ambulance crew with a letter, distinctly stating that she did not consent to lifesaving intervention but did consent to analgesics in order to comfort her. Through the letter (which can be read and has been annotated in appendix C), the individual displayed she had full mental capacity to make her own decision and also accepted the responsibility for the outcomes of not receiving care (Armstrong W, 2009). In the context of a time critical situation where a decision would need to be made with regards to giving lifesaving saving intervention and deny it, it can be sometimes difficult for the Paramedic to gather equal grounds that the pa tient (who may lack mental capacity) has created a reenforcement will, or that there is an advanced decision to stand firm treatment (ADRT) put in place which clearly outlines the patients wishes (what they do and do not consent to) when it comes to end of life care. In the absence of this (or absence of all evidence of this) ambulance staff may be forced to act in the patients best(p) interests. In the context of ambulance staff, the best interests of the patients may be difficult to finalise as very little background may be accessible to the attending paramedic, however if the health care professional is unaware of any ADRT and has taken all reasonable steps in the time on tap(predicate) to discover whether an ADRT is in place in the time frame purchasable to them, the clinician making the decision will be protected from liability (Dept. of Constitutional Affairs, 2007). The HCPC states in their standards of conduct, performance and ethics that competent individuals have t he right to refuse treatment and that this right must be respected (HCPC, 2016).Whether an individual is deemed to lack or have capacity can sometimes present identical professional issues to informed consent in terms of paramedic practice. For the individual who lacks capacity, it can be a very stressful time as they may be confused, disorientated or feel as though they have little control over what is happening to them. The Mental Capacity Act states that nobody has the right to deprive someone of their liberty except in situations where they lack capacity and it is necessary to give life-sustaining treatment or to prevent a serious deterioration in their condition. In this situation, any restraint used must be proportionate to the risks to the person from inertia (Mental Capacity Act, 2005). There are no additional rights or authority for paramedics to act in this situation, but if there was cause to believe that there was serious risk to an individuals life and that they lacke d capacity, it would be within the Paramedics rights to act in such a way to protect the individual from further harming themselves or provide life sustaining treatment in the event of lack of capacity. Furthermore, the standards of conduct, performance and ethics provided by the health care professions council states that registrants must take all reasonable steps to reduce the risk of harm to service users (HCPC, 2016), therefore if a registrant were to stand aside and allow an individual who lacked capacity to cause harm to themselves or to further deteriorate, they may be at risk of committing an act of omission or even committing wilful neglect which can constitute a criminal offence.In conclusion, the professional issues surrounding informed consent and mental capacity are applied in every single incident a paramedic may attend and are closely linked. A failure to recognise a lack in mental capacity or gain informed consent may cause detrimental legal and professional repercus sions for both the clinician and service user. Although Paramedics are able to seek further advice from sources such as the local practice of law force, senior members of ambulance staff, and general practitioners in order to safeguard their practice, a beloved working knowledge of the policies and procedures surrounding the issues mentioned in this essay will provide a good basis for gaining informed consent, the assessment of mental capacity and management of service users who lack capacity in the pre-hospital urgent care environment.Reference ListArmstrong W, (2009) Kerrie Wooltorton Inquest Held 28 September 2009 Notes of Extracts From Summing Up By coroner William Armstrong HM Coroner Norfolk District (page 1)Ball L . (2005). Setting the scene for the paramedic in primary care a review of the literature. destiny Medicine Journal. 22 (12), p896-900.Brown M. (2014). Should we change the Mental Health Act 1983 for emergency services?. British Journal of Mental Health Nursing . 3 (3), P114-115. department for Constitutional Affairs. (2007). Mental Capacity Act 2005 Code of Practice. acquirable https//www.gov.uk/government/uploads/system/uploads/attachment_data/file/497253/Mental-capacity-act-code-of-practice.pdf. extend accessed 11th misdirect 2017.Department of Health (2009). Reference guide to consent for examination or treatment. capital of the United Kingdom Her Majestys Stationary Office.Habiba, M. (2000). Examining consent within the patient-doctor relationship. Journal of Medical Ethics. 26 (5), p183-187.Hartman K, Liang b. (1999). Exceptions to Informed Consent. Hospital Physician. 6 (3), p53 59.Health and Care Professions Council. (2016). Standards of conduct, performance and ethics. Available http//www.hcpc-uk.org/assets/documents/10004EDFStandardsofconduct,performanceandethics.pdf. Last accessed 1st Mar 2017.Health Care Professions Council. (2016). What happens if a concern is raised(a) about me?. Available http//www.hpc-uk.org/assets/do cuments/100008E2HPC_What_happens_if.pdf. Last accessed 8th Mar 2017.Laurie GT, Harmon HE and usher G (2016). Mason and McCall Smiths Law and Medical Ethics (10th Edition). Oxford University Press. Oxford.Mental Capacity Act (2005) . Available http//www.legislation.gov.uk/ukpga/2005/9/section/2. Last accessed 11th Mar 2017.Sibson, L. (2010). Informed consent. Journal Of Paramedic Practice. 2 (5), p189.The Royal College of Surgeons of England. (2016). Consent support Decision-Making. London Professional and Clinical Standards.UKCEN. (2011). Ethical Frameworks. Available http//www.ukcen.net/ethical_issues/ethical_frameworks/the_four_principles_of_biomedical_ethics. Last accessed thirteenth Mar 2016. appurtenance A The four principles of medical ethics complaisance for autonomyThis principle involves respecting the decision-making capabilities of the service users and providing reasonable assistance in order to make informed choices regarding their care.BeneficenceThis principle consi ders the weighing up of the associated risks and cost of treatments against the benefits and likely outcomes. Paramedics should always aim to act in a way which benefits the patientNon-maleficenceThis principle surrounds the need for paramedics and other health care professionals to exclude causing harm to the individual. Although all treatments involve some level of harm, this should not be disproportionate to the benefits which are as a result of intervention. arbitratorThis principle is about distributing treatments available to each individual fairly and not favouring one service user over the other by nub of extra treatments/intervention.UKCEN, 2011Appendix B The Five Key Principles of the Mental Capacity ActPresumption of capacityThis principles states that an individual adult should always be presumed to have full mental capacity until they are proven otherwise. A presumption of capacity should not be made as a result of an individual having a certain medical condition or disability.Individuals being back up to make their own decisionsThis principle states that individuals should be supported in every possible way to make their own decision before they are deemed to lack capacity. It also means that if it is deemed the individual does lack capacity that they should still be involved in the decision-making process.Unwise decisionsThis principle states that the individual has the right to make unwise decisions and that the assumption the person lacks capacity should not be made based on a decision. This is due to a difference in cultural values, beliefs and preferences.Best interestsThis principle states that an individual who lacks capacity is entitled to the decisions which are made on their behalf are make solely in their best interestsLess restrictive optionThis principle states that the individual who makes decisions on behalf of the incapacitated person must make decisions which will have the least effect on the individuals rights and freedoms. Mental Capacity Act, 2005Appendix C Kerrie Wooltorton Advanced Decisions Letter Armstrong W, (2009)