Can anyone help with case law on consent

Fonenurse · May 6, 2006

Have you tried this link? http://en.wikipedia.org/wiki/Bolam_Test There are a few pieces of info on case law there...

chapmajc · May 6, 2006

Have you tried this link? http://en.wikipedia.org/wiki/Bolam_Test There are a few pieces of info on case law there...

Thanks Fonenurse, I have looked at this already. Ive been searching for days now and it's driving me mad. I have even e-mailed an NHS lawyer.

The senario that I have is that of a 70 year old man with dementia who was told by his Doctor that he should never have a bath. A newly qualified Nurse was told by a Sister to give him a bath. He informed the Nurse of the above but then let her bathe him, she did not read his notes! He had an epileptic fit in the bath while she was getting some towels.

I know that he gave consent, but it was not informed consent. Also she should have read the notes. I need to find a case of this nature that has been to court. I need to cite the and give my reasoning.

I can quote NMC consent, logic and reasonable care expected but I just can't find a case that has really happened. I have found loads of web-sites but I need to be a registered Doctor to access various pages.

I'm pulling my hair out. I know it must be there somewhere.

Thanks for your help, I really appreciate it.

Jox

Fonenurse · May 6, 2006

I guess you'll have seen this also www.medical-acupuncture.co.uk/journal/2001(2)/page?123.pdf and the case they are citing is

Sidaway v Board of Governors of the Bethlem Royal

Hospital [1985] AC 871. and http://www.rcm.org.uk/info/docs/PP%2020%20Right%20to%20refuse%20treatment.doc might be helpful?

Hope this helps?

http://www.rcseng.ac.uk/publications/eletters/index.html?article_id=34 might be good too

Best wishes

chapmajc · May 6, 2006

Thanks fonenurse for all your help.

I hadn't seen those sites, I will go through them to see if I can find anything regarding dementia pt's.

If I don't end up finding a case like the one I mentioned then I will quote Bolams Test. My brain is hanging out right now so, I will start to look again tomorrow. Think I need a large glass of wine now.

Thanks again for all your help, Jox

Owain Glyndwr · May 7, 2006

I wouldn't particularly be going down the Bolam route, although as you've stated you would be looking at duty of care. It appears your assignment is about capacity and consent rather than competence?

http://www.gmc-uk.org/guidance/library/consent.asp

http://www.medicalprotection.org/Medical/United_Kingdom/Publications/Factsheets/factsheet_capacity.aspx

http://www.freedomtocare.org/page49.htm

I wouldn't be too worried about finding exact case law to match your assignment - it is often the principles in other case law that tell you what you're looking for.

Cheers

OG PgDip Law

chapmajc · May 8, 2006

I wouldn't particularly be going down the Bolam route, although as you've stated you would be looking at duty of care. It appears your assignment is about capacity and consent rather than competence?
http://www.gmc-uk.org/guidance/library/consent.asp
http://www.medicalprotection.org/Medical/United_Kingdom/Publications/Factsheets/factsheet_capacity.aspx
http://www.freedomtocare.org/page49.htm
I wouldn't be too worried about finding exact case law to match your assignment - it is often the principles in other case law that tell you what you're looking for.
Cheers
OG PgDip Law

Cheers for those links they have a lot of stuff that I can include. It's hard to know what the markers are looking for, our lecuturer was really good but we had only one lesson, months ago.

I'm giving it a rest for a few days as it has burnt me out.

Thankyou both for all your help. :flowersfo :icon_hug:

Jox