service user constent policy

Reception

At Cotswold Surgical Partners, it is acknowledged that consent to treatment is the principle that a person must give permission before they receive any type of medical treatment, test or examination. This must be done on the basis of an explanation by a clinician. Consent from a patient is needed regardless of the procedure, and you have the right to withdraw it at any time.

Cotswold Surgical Partners will provide guidance and support to help those to whom it applies to understand their rights and responsibilities under this policy and has a ‘Consent Policy’ in place. The purpose of this guidance document is to advise all staff of the principle of consent and that it is an important part of medical ethics based on the concept of the person and the fundamental dignity and equality of human beings. This policy applies to all employees of Cotswold Surgical Partners and other individuals performing functions in relation to Cotswold Surgical Partners, such as those granted Practising Privileges status.

You have the right to request this document. Please contact us on the below email and request a copy of CSPP003. csp.data@nhs.net

The decision regarding whether or not to consent must be made by the individual and must not be influenced by healthcare professionals, friends or family members.

We, as Cotswold Surgical Partners, must ensure that the patient be given all the information regarding what the procedure or treatment involves. This includes the associated benefits and risks, information about alternative treatments and the consequences if the procedure or treatment is declined.

Cotswold Surgical Partners has processes and procedures in place to support this including, confirmation checks on booking, WHO checklists and the use of relevant consent forms prior to any procedure. Our clinicians will go through these with you prior to any treatment or procedure:

CSPC001 NHS consent form 4 (lacking capacity)
CSPC005 Consent form 1

The person must be capable of giving consent which means they fully understand the information given to them and can use it to make an informed decision. Our policy documents how we assess capacity and the process we adhere to when consenting a patient for a treatment or procedure.

Information provided, treatment/procedure agreed and consent will be recorded by Cotswold Surgical Partners, and this will form part of a patient’s medical record.

The amount of information the clinician needs to provide varies on a case-by-case basis but the clinician will in all scenarios:

  • Try to ascertain the patient’s individual needs and wishes
  • Ensure the patient has the capacity to consent
  • Explain the requirement for and purpose of the procedure, examination or treatment
  • Discuss the options available to the patient including the option not to proceed
  • Give an explanation of the benefits and associated risks or side effects
  • Discuss the possibility of any issues which may arise during the process
  • Answer any questions the patient may ask prior to consenting
  • Explain that the clinician conducting the examination, procedure or treatment will obtain the patient’s consent
  • Remind the patient that they can withdraw consent at any time
  • Reassure the patient that the examination, treatment or procedure is for their benefit but that the overall choice to proceed rests with them
  • Offer the patient the option of a second opinion
  • Provide advice regarding the post-examination, treatment or procedure recovery process
  • Where applicable, a consent form will be completed and signed by the patient

Patients who do not have the capacity to make an informed, voluntary decision are protected under the Mental Health Act (MHA) 2005. The MHA only applies to those patients living in England and Wales.

A person is defined as lacking capacity if ‘they are unable to make a decision for themselves because of an impairment or disturbance in the functioning of their mind or brain’.

Patients lacking capacity have the following rights:

  • All decisions will be made in the best interest of the patient
  • The liberty of a patient will only be taken in very specific situations. This is referred to as a deprivation of liberty and will only be used if it is the least restrictive way of keeping a patient safe or ensuring the correct medical treatment is provided
  • To have support from an advocate. This is someone who acts on the patient’s behalf but does not have legal authority to make personal or financial decisions on behalf of the patient
  • To have a deputy appointed by the court to make personal or financial decisions for the patient
  • To receive guidance from the Court of Protection

The MHA 2005 requires that appropriate steps are taken to enable the patient to make the decision for themselves. These include:

  • Providing relevant information, including choice regarding alternative treatment/procedures
  • Communicating in an appropriate way, i.e. presenting information in a different manner so it is easier for the patient to understand
  • Putting the patient at ease, discussing the matter when the patient feels confident to do so, such as in the morning or afternoon
  • Seeking additional support so the patient has a friend or relative who is able to help them to understand and make a choice

Patients have a moral and legal right to determine what happens to their own bodies. Seeking and obtaining valid consent is a fundamental process in healthcare; it is the patient’s agreement for the clinician to provide care. Should you have any questions, or would like any further information, please contact our Practice Manager, Shawn Warren-Willcox at bswicb.csp@nhs.net.

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