Topic > Concept of consent - 709

Recent developments in standards of care and professional relationships with patients have made the right fundamental to the study and practice of nursing. At every stage of patient care, the law helps to update nursing practice and it is essential that nurses understand the legal and ethical implications of the law in their nursing profession (Griffith and Tengrah, 2011). The purpose of this essay is to discuss the concept of consent as it relates to the role of the nurse. This will aim to demonstrate the ethical and legal implications of consent on nursing practice and professional work. In the Code (2008, cited in Griffith and Tengrah, 2011) the Nursing and Midwifery Council sets out the standards that nursing professionals must follow. Among the rules is a requirement for nurses to obtain consent before care is provided. Consent is a matter of concern for all healthcare professionals when they come into contact with patients whether in a care setting or in their home. Consent must be given voluntarily or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act deems any adult competent unless proven otherwise, as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent due to a behavioral disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient and allows for the administration of any tests or treatments. However, consent must be obtained in every treatment event, as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtains consent to perform a procedure on a patient's right ear. The surgeon found a defect in the patient's left ear and repaired it assuming he had obtained consent for both ears. The patient reported him and the court found the surgeon guilty of trespassing. Although there is no legal requirement as to how consent should be given, there are various ways in which a person in the care of a nurse can give consent. This could be a form of formal consent (written) or implicit consent (oral or gestural). Tacit consent may be sufficient for observation or examination of the patient, while written consent is more suitable for invasive procedures such as surgery (Dimond, 2011). Furthermore, in nursing, the professional may have to decide on a course of action that is ethically correct. , legally and morally correct or acceptable to their society.