MEDI7232 Lecture Notes - Lecture 8: Health Professional, Surrogate Decision-Maker, Implied Consent
Document Summary
Legal aspects of consent & refusal of consent (adults) Valid consent to treatment: capacity to decide, given freely and voluntarily. Specific to the intervention - give consent to the intervention or treatment in talk: example - patient given consent for pregnancy abortion but accidentally operated on to remove kidney. Capacity measure (cid:858)the right to decide one"s own fate presupposes a capacity to do so. Every adult is presumed to have that capacity, but it is a presumption that can be rebutted. This is not a question of the degree of i(cid:374)tellige(cid:374)(cid:272)e or edu(cid:272)atio(cid:374) of the adult (cid:272)o(cid:374)(cid:272)er(cid:374)ed(cid:859: definition - guardianship and administration act 2000 (qld) "punitive damages" whereby dentist defrauded work cover of money for his own benefit (extra operations to cost work cover more money) Implied consent - present at hospital for treatment, offer arm in taking blood for blood test. Future care: an individual with capacity can plan future care in cases where they lose capacity.
