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Consent and capacity — considerations for the dental team part 1: consent and assessment of capacity

From Volume 44, Issue 7, July 2017 | Pages 660-666

Authors

Suzanne Burke

BDS(Hons), MFDS RCSEd

Specialty Trainee in Special Care Dentistry

Articles by Suzanne Burke

Abstract

Abstract: Consent and capacity legislation varies across the UK, however, the principles remain similar, with protective and supportive roles and responsibilities in place. Appropriate information should be shared in order to empower the patient. Every effort should be made to overcome barriers to communication, and it is essential for the dental team to have a sound understanding of legal and ethical principles underpinning assessment of capacity, thereby ensuring continued, valid consent. Patients lacking capacity to consent attempt to access primary care dental services frequently and with difficulty, with the increasing complexity of chronic medical conditions, dementia, mental ill health potentially causing social challenges.

CPD/Clinical Relevance: This paper defines common terms relating to consent and capacity, provides an overview of UK legislation, and discusses practical dilemmas that the dental team may face.

Article

Dentists should gain valid consent as a continuous process. As a profession, clinicians aim to respect their patients' autonomy, dignity and rights to make decisions about their healthcare. Good communication skills are essential between the dental team and their patients. A comprehensive knowledge of consent legislation is fundamental, as are accurate record-keeping and knowledge of how to seek further advice. Where capacity is questioned, the practitioners should be aware of their responsibilities to their patients, and the frameworks should be in place to aid decision-making.

Consent is a continuous process,1 often reinforced by written documentation, but reaches far beyond a signature on a form. For decisions to accept or decline treatment, valid consent is required. There is a variety of terms used to describe consent:

Individuals must be informed of, and understand:

An underpinning principle of consent legislation in the UK is that of autonomy, meaning that when a person is able to make decisions for him/herself, he/she must be allowed to do so. This reduces medical paternalism, and allows the individual to make choices about his/her own care − even if the choice would be considered unwise by others.

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