Informed Consent in Healthcare Settings

Author: Emma Cave, Professor of Healthcare Law, Durham University; Scottish Parliament Academic Fellow.

PDF Published: Thursday 10 Jan 2019 (SB 19-01)

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Overview
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Overview
Report
- Executive Summary
- Chapter 1 Consent to medical treatment
  - 1.1 Why seek consent?
  - 1.2 When is consent valid?
    
    1.2.1 Express and implied consent
    
    1.2.2 Proxy consent
    
    1.2.3 Consent and refusal
    
    1.2.4 Advance directives and statements
    
    1.2.5 Emergencies
    
    1.2.6 Recording decisions
  - 1.3 When is consent informed?
    
    (Untitled)
    
    (Untitled)
- Chapter 2 Montgomery v Lanarkshire Health Board
  - 2.1 The facts
  - 2.2 Montgomery in the Scottish courts
  - 2.3 Montgomery in the Supreme Court
  - 2.4 Guiding principles for clinicians set out in Montgomery
  - 2.5 From medical paternalism to patient autonomy
  - 2.6 Alternatives to claiming in clinical negligence
  - 2.7 Candour
- Chapter 3 Implications of Montgomery for clinicians
  - 3.1 Evolutionary not revolutionary change
  - 3.2 Realistic medicine
  - 3.3 Revisions to guidance and processes
- Chapter 4 Questions remaining
  - 4.1 How should reasonable alternatives be identified?
  - 4.2 The more information the better?
  - 4.3 Whose view of risk counts?
  - 4.4 How much responsibility should patients take for determining risk?
  - 4.5 What exceptions are there to the duty to disclose information?
  - 4.6 How will the right to information be developed beyond the scope of informed consent?
- Chapter 5 Applying Montgomery when capacity is compromised
  - 5.1 Substitute and shared decision-making
  - 5.2 Mental health
  - 5.3 Incapacity
    
    5.3.1 How is incapacity defined?
    
    5.3.2 Principles
    
    5.3.3 Who decides?
    
    5.3.4 Power of attorney
    
    5.3.5 Additional sources of information
  - 5.4 Human rights and supported decision-making
    
    5.4.1 Article 8, European Convention on Human Rights
    
    5.4.2 Article 12 UN Convention on the Rights of Persons with Disabilities
    
    5.4.3 Supported decision-making
    
    5.4.4 Additional sources of information
    
    5.5 Commentary
- Chapter 6 Children
  - 6.1 Children's rights
  - 6.2 When can a child provide valid consent?
  - 6.3 When can a child provide a valid refusal of consent?
    
    6.3.1 England and Wales
    
    6.3.2 Scotland
  - 6.4 Parental responsibility and its limits
    
    6.4.1 Additional sources of information
  - 6.5 Informing children
    
    6.5.1 Additional sources of information
  - 6.6 Immunisations
    
    6.6.1 Human Papillomavirus (HPV)
- Commentary
Sources

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