Willowbank House

Medical Consent

(Adults Age 16 and Over)

 

In general, an adult may only be examined or treated by a health professional:

  • If that adult has given informed consent or
  • If a person who is legally appointed to that adult gives consent or
  • If it is an emergency and the health professional believes it to be in the best interests of the adult to treat him or her without consent or
  • If the adult is detained under The Mental Health (Scotland) Act 1984 and is being treated for his or her “mental disorder” where consent is only required for certain special treatments.

 By  2002, doctors will have a new authority to treat an adult who lacks capacity to give consent to medical treatment and does not have anyone legally appointed to make such a decision. Under The Adults With Incapacity (Scotland) Act 2000, doctors have to certify incapacity and the type of treatment required on a prescribed form in order to use this authority. Doctors will be subject to the overarching principles in the Act:

  • There must be a benefit to the adult
  • The intervention must be the least restrictive option
  • The past and present views of the adult must be sought
  • The views of the nearest relative, the primary carer and any other relevant person must be sought
  • The adult must be encouraged to use and develop whatever decision-making skills he or she has.

To give informed consent, the adult must:

  • Be able to take in the information and retain it long enough to weigh up the options
  • Believe and understand the information
  • Be able to make a free and informed choice

The health professional must give the following information to enable the adult to make an informed choice: 

  • The nature of the treatment
  • The expected benefits of the treatment
  • The risks of taking the treatment and of not taking the treatment
  • The seriousness of any risks
  • The likely outcome if treatment is refused
  • Any alternatives to the proposed treatment

The adult should be given an opportunity to ask questions and be given sufficient time to reflect on the information given. The adult must not feel pressured into giving consent and should be informed that he or she has a right to a second opinion.

A carer or relative or person designated as “next of kin” has no general legal authority to give consent on behalf of an adult. To have such authority, a person would have to be a tutor-dative (welfare guardian from April 2002) or be appointed to make welfare decisions under a welfare power of attorney. If asked to sign a consent form when not legally authorized, a relative or carer should challenge this request and should feel free to refuse. If the adult or any other person is not satisfied with how the issue of consent has been dealt with and cannot resolve the matter directly with the professional, he or she may make a formal complaint by writing a letter or completing a form.

 

Complaints about a GP must be made to the relevant practice.
Complaints about hospital medical staff or community medical staff must be made to the relevant NHS trust.
Each setting will have a designated complaints officer and leaflets to explain the process of making a complaint. This first stage is referred to as Local Resolution. If the complainer is not satisfied with the outcome, he or she may ask for an Independent Review and, if still dissatisfied, may ask The Health Service Ombudsman for Scotland to investigate the complaint. In addition, a complaint may be made to the relevant professional body - for doctors, The General Medical Council (GMC) and for nurses, The United Kingdom Central Council (UKCC).

An adult may withdraw consent at any time while he or she still has capacity to make that decision. A competent refusal remains effective, even after the adult loses capacity.

An adult may also refuse treatment in advance by making an Advance Statement. To ensure that this is effective, it must be in writing, specify the exact treatment being refused and be witnessed by a doctor who can certify that at the time of signing, the adult was competent to make the refusal.

This leaflet contains a general description of the law, but it is not intended to be a statement of the law or a substitute for proper legal advice. Camphill Scotland has made every effort to ensure that the information in the leaflet is correct, but accepts no responsibility for any inaccuracies.
Camphill Scotland
Murtle House
Bieldside
Aberdeen
AB15 9EP

www.camphillscotland.org.uk/

© Copyright 2002 by Camphill Scotland, and reproduced with their kind permission.

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This information about the Adults with Incapacity (Scotland) Act 2000 contains a general description of the law, but it is not intended to be a statement of the law or a substitute for proper legal advice. Camphill Scotland has made every effort to ensure that the information is correct, but neither Camphill Scotland or Advocacy Service Aberdeen accept any responsibility for any inaccuracies.

Camphill's principal role is to work with people who have special needs. For over 60 years, Camphill has recognised the different needs of individuals and has responded to requests of finding different ways to meet them, by creating a variety of communities with children, young people or adults of all ages. For more information, visit their website at www.camphillscotland.org.uk.
 
 
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