New Doctors Need To Be Aware When Taking Consent, Medical Protection Society Advises

Main Category: Medical Students / Training
Also Included In: Primary Care / General Practice;  Public Health
Article Date: 27 Jul 2008 - 0:00 PDT

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New doctors should not feel pressured to do anything beyond their knowledge, expertise and competence, such as taking consent for a procedure they are not familiar with. Always get a senior to explain it as part of your training, the Medical Protection Society (MPS) advises today.

The GMC's recently published guidance on consent reflects a changing medicolegal environment which poses new challenges for doctors. For the first time, issues such as risk and making decisions when a patient lacks capacity are covered in detail. This will have a particular impact where doctors are treating patients with impaired or fluctuating decision-making abilities.

Dr Stephanie Bown, Director of Policy and Communications, said: "Doctors are under a duty to optimise each patient's ability to make their own decisions, which when done properly, can be very time consuming.

"Consent is at the heart of good medical practice. In order for doctors to be able to meet the standards expected from the GMC consent guidance, we would like to see it reflected at the early stages of their training, so that they can be well prepared for the issues that will arise when dealing with all patients, including those whose capacity to make a decision may be impaired."

MPS advises new doctors to be aware of the following:

-- Patients are presumed competent to consent unless proved otherwise

-- Ask questions to ensure that the patient is competent and a) understands the situation, b) agrees and believes what he/she is being told

-- Use your knowledge of the individual patient's circumstances to ensure that they have the relevant information to enable them to make a choice

-- Incompetent adults unable to give valid consent should be treated according to their best interests

-- Any competent adult can refuse treatment, even if doing so is likely to lead to deterioration in their condition

Always act in your patient's-

MPS's recent publication of "New Doctor" magazine covers a wide variety of issues that new doctors may face in their first few months on the job and offers practical tips and advice. It can be found at www.medicalprotection.org/uk/education-publications/newdoctor.

Doctors who are unsure can always contact MPS for advice.

-- The Mental Capacity ACT

About MPS

The Medical Protection Society (MPS) is the leading provider of comprehensive professional indemnity and expert advice to doctors, dentists and health professionals around the world.

We are a mutual, not-for-profit organisation offering more than 250,000 members help with legal and ethical problems that arise from their professional practice. This includes clinical negligence claims, complaints, medical council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal-accident inquiries.

Fairness is at the heart of how we conduct our business. We actively protect and promote the interests of members and the wider profession. Equally, we believe that patients who have suffered harm from negligent treatment should receive fair compensation. We promote safer practice by running risk management and education programmes to reduce avoidable harm.

MPS is not an insurance company. The benefits of membership are discretionary - this allows us the flexibility to provide help and support even in unusual circumstances.

http://www.mps.org.uk