What is the re C test for capacity?
The court determined that individuals are entitled to seek a judicial determination regarding their capability to make decisions about their medical treatment and declared that if the person is found to be capable, such intentions may be found to constitute an advance directive for future medical treatment.
What are the principles of consent within mental health services?
Consent must be given voluntarily and not under any form of duress or undue influence from health professionals, family or friends. Consent can be written, oral or non-verbal.
What is informed consent legislation?
Informed consent is a person’s decision, given voluntarily, to agree to a healthcare treatment, procedure or other intervention that is made: Following the provision of accurate and relevant information about the healthcare intervention and alternative options available; and.
Why is capacity important medical law?
Capacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as serious medical treatment medical or psychiatric treatment.
What is the re C test?
The Re C statement that the patient should understand information “relevant to the decision in question”, is helpfully elaborated to specify what types of information would be relevant to the decision.
What are the 3 elements of valid consent?
Valid informed consent for research must include three major elements: (1) disclosure of information, (2) competency of the patient (or surrogate) to make a decision, and (3) voluntary nature of the decision.
What are the 5 key principles of the Mental Capacity Act?
The five principles of the Mental Capacity Act
- Presumption of capacity.
- Support to make a decision.
- Ability to make unwise decisions.
- Best interest.
- Least restrictive.
What are the possible signs of limitations in mental capacity?
Someone may lack mental capacity if they can’t:
- understand information about a particular decision.
- remember that information long enough to make the decision.
- weigh up the information to make the decision, or.
- communicate their decision.
What does refusal of treatment FD 1994 C mean?
Re C (Adult: Refusal of Treatment): FD 1994 C had been admitted to a secure hospital as a patient under Part III of the Mental Health Act 1983 because of his paranoid schizophrenia. He now sought an injunction to prevent the amputation of his gangrenous foot without his written consent.
Does C have the right of self-determination?
Applying that test, the presumption that C had the right of self-determination had not been displaced. Although his general capacity was impaired by schizophrenia, it had not been established that he did not sufficiently understand the nature, purpose and effects of the treatment he refused.
What was the defence of duress of circumstances in R v Cole?
R v Cole [1994] Crim. L.R. 582 Defence of “duress of circumstances” requiring a direct and immediate threat The appellant (C) was convicted of two robberies. He claimed the defence of duress on the basis that he was “desperate” for money as he owed money to moneylenders who had made threats to him, his girlfriend and his child.
Was Kingston’s intent present when committing the Act?
Whether the necessary intent was present when the act was committed by Kingston, even when the defence of involuntary intoxication is available. The Court found that although the drugs had essentially done away with Kingston’s inhibitions, this did not negative the necessary mental element which was found to be present in Kingston’s conduct.