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3.15.1 - Capacity and Consent Issues in Intensive Care

from Section 3.15 - Psychiatric Disorders Encountered in Intensive Care

Published online by Cambridge University Press:  27 July 2023

Ned Gilbert-Kawai
Affiliation:
The Royal Liverpool Hospital
Debashish Dutta
Affiliation:
Princess Alexandra Hospital NHS Trust, Harlow
Carl Waldmann
Affiliation:
Royal Berkshire Hospital, Reading
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Summary

Key Learning Points

  1. 1. The four components of capacity concern a patient’s ability to understand, retain, weigh and communicate a decision.

  2. 2. It is the responsibility of the lead clinician to ensure that capacity has been assessed and to make the final decision regarding capacity, even where a professional opinion has been sought.

  3. 3. The Mental Capacity Act (MCA) 2005 allows treatment of patients for MEDICAL conditions only, under the ‘best interests’ principle.

  4. 4. All patients admitted to the intensive care unit should be considered at risk of deprivation of liberty, and a Deprivation of Liberty Safeguards (DoLS) assessment should be considered.

  5. 5. The Mental Health Act (MHA; 1983) allows treatment of patients for PSYCHIATRIC conditions only.

Type
Chapter
Information
Intensive Care Medicine
The Essential Guide
, pp. 433 - 436
Publisher: Cambridge University Press
Print publication year: 2021

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References

References and Further Reading

Crews, M, Garry, D, Phillips, C, et al. Deprivation of liberty in intensive care. J Intensive Care Soc 2014;15:320–4. www.mentalcapacitylawandpolicy.org.uk/wp-content/uploads/2014/04/1504320.pdfCrossRefGoogle Scholar
Department of Constitutional Affairs. Mental Capacity Act 2005: Code of Practice. London: The Stationery Office; 2007. www.gov.uk/government/uploads/system/uploads/attachment_data/file/497253/Mental-capacity-act-code-of-practice.pdfGoogle Scholar
e-learning for healthcare. 2017. e-Learning deprivation of liberty safeguards. Health Education England in partnership with the Royal College of Psychiatrists. www.e-lfh.org.uk/programmes/deprivation-of-liberty-safeguards/Google Scholar
Macovei, M. The right to liberty and security of the person. A guide to the implementation of Article 5 of the European Convention on Human Rights. Strasbourg: Council of Europe; 2002. web.archive.org/web/20110707041600/http://www.echr.coe.int/NR/rdonlyres/D7297F8F-88DB-42B0-A831-FB4D1223164A/0/DG2ENHRHAND052004.pdfGoogle Scholar
White, DB. 2017. Ethics in the intensive care unit: informed consent. www.uptodate.com/contents/ethics-in-the-intensive-care-unit-informed-consentGoogle Scholar

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