The right to consent and refuse treatment is a fundamental right that must be honoured by health care staff. Having considered the materials this week, consider whether you believe that the law is sufficient to protect this right and if not what risks you believe there could be to individuals seeking access to treatment.
In regards to Consent to Medical Treatment and Palliative Care Act (1995), it states that a person has the right to consent and refuse treatment as long as it is a legal valid consent. Therefore, for it to be valid, the consent must be voluntarily given, must consent to the whole act that they are consenting to, the person consenting must have capacity and that the person must be informed of what they will be consenting to. And this also applies to minors at the age of sixteen.
However, in regards to emergency medical treatment in section 13 (a) in Consent to Medical Treatment and Palliative care Act (1995) states that a person or minor who is incapable of consenting and
Section 13 (b) also states that a medical practitioner who administers the treatment and believes that the treatment is necessary to meet imminent risk of life or health and that the opinion is supported by the written opinion of another medical practitioner who also has examined the patient and
Section 13 (c) if the patient is of 16 years old or over has not or to the best of their medical practitioner’s knowledge refuse to consent to treatment can go ahead…