Essay On Right To Consent In Health Care

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However, it is also very important that one must not imagine that a patient lacks the capacity to make a decision exclusively because of their medical condition, behavior, beliefs, apparent inability to communicate, age, appearance, disability, or the fact that they make a choice that one opposes with.

The validity of consent is in two forms, voluntary and informed. Voluntary, the choice to either consent or not to consent to treatment have to be made by the individual themselves, and must not be subjective by force from medical staff, friends or family.

Relating to the use of capacity and the morality, the Mental Capacity Act (2005) is also relevant to people aged 16 years and older, and states that no judgement should be presumed unless it is established that he or she does not have a capacity. Capacity is treatment specific and can fluctuate. It depends on the treatment to be performed. If it 's high-risk or has potential serious side effects or
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There are two classes of circumstance where decisions about medical treatment need to be taken for “incompetent” patients:
● When a patient is temporarily incompetent, e.g. if he or she is unconscious ensuing an accident or severe medical circumstance.
● When a patient is unlikely ever to be able to make a competent decision about his or her treatment, e.g. severe dementia or learning disability or been in the permanent vegetative

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