Nursing and Consent

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Institution Name Student Name Student ID Topic: Choose an aspect of the law and discuss this in relation to the role of the nurse. (Consent) Word Count: 1,146 (One thousand, one hundred and forty six) There are a number of legal and ethical duties expected of nurses. Most of these involve care for patient’s autonomy and confidentiality despite the medical care. Failure to act regarding these can give rise to liability. One aspect of Patient’s autonomy involves giving or withholding his consent about treatment. This paper takes into account ‘consent’ as the aspect of law regarding nursing. Consent is defined by NHS Choices (2010) as: "the principle that a person must give…show more content…
The process of consent should apply not only to surgical procedures but all clinical procedures and examinations which involve any form of touching. This must not mean more forms: it means more communication. As part of the process of obtaining consent, except when they have indicated otherwise, patients should be given sufficient information about what is to take place, the risks, uncertainties, and possible negative consequences of the proposed treatment, about any alternatives and about the likely outcome, to enable them to make a choice about how to proceed.”5 Besides, if a person lacks mental capacity to give valid consent, nurses caring for such a person should be involved in assessing the treatment to be administered. However, they must be “aware of the legislation regarding mental capacity, ensuring that people who lack capacity remain at the centre of decision making and are fully safeguarded.”6 The Mental Capacity Act (2005) offers assistance regarding ‘capacity’. The Act applies to all aged 16 and above and to those with learning disability, dementia, brain injury, autism and mental health issues. The Act presumes ‘capacity’ in relation to adults unless situation exists otherwise. It requires extending all sorts of help to the person in question before drawing conclusion that they cannot consent. Even an apparently unwise decision if is extended by a person of full
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