I did a training course today at work. One of the sections was medical consent (I work for a private healthcare company that provides diagnostic services). It was a very in depth yet simple education about the laws and rules of Patient Consent. Here are some key points on the actual laws according to the Department of Health:
- one adult cannot, unless in very specific special conditions, provide consent for another adult
- children can provide consent for themselves irregardless of parental consent unless the child is very young, or the risk of procedure is life threatening/high or the child have proved to be incapable (‘without capacity’) of understanding what is happening. If a child that is old enough and is deemed to have the capacity of understanding a procedure provides consent, the parent cannot overrule the consent.
- if a patient does not provide consent then the procedure or anything related to the procedure cannot go ahead even if it’s beneficial to their health. even if a patient does not directly say no but is visibly uncomfortable, confused, upset, reluctant etc, then they have not given consent.
- patients must not be coerced, influenced or persuaded by anyone into giving consent, including relatives, partners, children or healthcare professionals.
- verbal consent is viewed as equal with written consent (though written consent is easier to prove)
- if consent is not given or implied, or was given under dubious circumstances, then both the company and the individual carrying out the procedure can be taken to court for battery and assault.
You’re probably wondering why I’m listing this. I’m listing this for the very simple reason of this…
we are sat and religiously trained about patient consent and how important it is, and how the patient is the only one who can ever give consent for themselves - how they are in complete control of their bodies.
WHY DO WE NOT APPLY THE SAME RULES OF CONSENT TO RAPE
OR EVEN UNWANTED PREGNANCY
it’s really not a difficult concept to understand, and consent is a huge legal thing in healthcare and other walks of life. why is it when it comes to having sex, rape and unwanted pregnancy, people suddenly forget all knowledge of consent?!