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Consent and capacity are fundamental legal and ethical concepts that appear repeatedly in SJT scenarios. This lesson provides a thorough examination of informed consent, the legal framework for assessing capacity, Gillick competence for patients under 16, the Mental Capacity Act 2005, and best interest decision-making.
Valid informed consent requires three elements, all of which must be present simultaneously:
| Requirement | Detail |
|---|---|
| 1. Information | The patient must be given sufficient information about the proposed treatment, including risks, benefits, alternatives, and the consequences of doing nothing |
| 2. Capacity | The patient must be able to understand, retain, and weigh the information, and communicate a decision |
| 3. Voluntariness | The decision must be made freely, without coercion, undue influence, or pressure from healthcare professionals, family, or others |
If any one of these three elements is absent, consent is not valid.
The landmark case of Montgomery v Lanarkshire Health Board (2015) established the modern legal standard for informed consent in the UK:
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