Age of consent medical treatment scotland

Author: Emma Cave, Professor of Healthcare Law, Durham University; Scottish Parliament Academic Fellow.

• Executive Summary

• Chapter 1 Consent to medical treatment
  • 1.1 Why seek consent?
  • 1.2 When is consent valid?
    • 1.2.1 Express and implied consent
    • 1.2.2 Proxy consent
    • 1.2.3 Consent and refusal
    • 1.2.4 Advance directives and statements
    • 1.2.5 Emergencies
    • 1.2.6 Recording decisions
    • 1.3 When is consent informed?
      • (Untitled)
        • (Untitled)
        • Chapter 2 Montgomery v Lanarkshire Health Board
          • 2.1 The facts
          • 2.2 Montgomery in the Scottish courts
          • 2.3 Montgomery in the Supreme Court
          • 2.4 Guiding principles for clinicians set out in Montgomery
          • 2.5 From medical paternalism to patient autonomy
          • 2.6 Alternatives to claiming in clinical negligence
          • 2.7 Candour
          • Chapter 3 Implications of Montgomery for clinicians
            • 3.1 Evolutionary not revolutionary change
            • 3.2 Realistic medicine
            • 3.3 Revisions to guidance and processes
            • Chapter 4 Questions remaining
              • 4.1 How should reasonable alternatives be identified?
              • 4.2 The more information the better?
              • 4.3 Whose view of risk counts?
              • 4.4 How much responsibility should patients take for determining risk?
              • 4.5 What exceptions are there to the duty to disclose information?
              • 4.6 How will the right to information be developed beyond the scope of informed consent?
              • Chapter 5 Applying Montgomery when capacity is compromised
                • 5.1 Substitute and shared decision-making
                • 5.2 Mental health
                • 5.3 Incapacity
                  • 5.3.1 How is incapacity defined?
                  • 5.3.2 Principles
                  • 5.3.3 Who decides?
                  • 5.3.4 Power of attorney
                  • 5.3.5 Additional sources of information
                  • 5.4 Human rights and supported decision-making
                    • 5.4.1 Article 8, European Convention on Human Rights
                    • 5.4.2 Article 12 UN Convention on the Rights of Persons with Disabilities
                    • 5.4.3 Supported decision-making
                    • 5.4.4 Additional sources of information
                    • 5.5 Commentary
                    • Chapter 6 Children
                      • 6.1 Children's rights
                      • 6.2 When can a child provide valid consent?
                      • 6.3 When can a child provide a valid refusal of consent?
                        • 6.3.1 England and Wales
                        • 6.3.2 Scotland
                        • 6.4 Parental responsibility and its limits
                          • 6.4.1 Additional sources of information
                          • 6.5 Informing children
                            • 6.5.1 Additional sources of information
                            • 6.6 Immunisations
                              • 6.6.1 Human Papillomavirus (HPV)
                              • Commentary

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                              Mental Welfare Commission for Scotland. (n.d.) Advance Statements. Retrieved from https://www.mwcscot.org.uk/get-help/getting-treatment/advance-statements/ [accessed 23 October 2018]

                              Medical Protection Society. (2017). New judgment on patient consent. Retrieved from https://www.medicalprotection.org/uk/articles/new-judgment-on-patient-consent [accessed 23 October 2018]

                              General Medical Council. (2018). Decision making and consent: supporting patient choices about health and care: Draft guidance for consultation. Retrieved from https://www.gmc-uk.org/-/media/ethical-guidance/related-pdf-items/consent-daft-guidance/consent-draft-guidance.pdf [accessed 24 October 2018]

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                              General Medical Council. (2008). Consent: Patients and Doctors Making Decisions Together. Retrieved from https://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/consent [accessed 23 October 2018]

                              Choosing Wisely. (2017). Choosing Wisely UK. Retrieved from http://www.choosingwisely.co.uk/ [accessed 23 October 2018]

                              CMO Scotland. (2018). Annual Report 2016-17: Practising Realistic Medicine. Retrieved from https://beta.gov.scot/publications/practising-realistic-medicine/pages/3/ [accessed 23 October 2018]

                              Medical Protection Society. (2017). An Essential Guide to Consent: Advice for the UK. Retrieved from https://mpscdnuks.azureedge.net/resources/docs/mp/publications/practice-matters/mps-essential-guide-to-consent.pdf [accessed 23 October 2018]

                              Royal College of Surgeons. (2016). Consent: Supported Decision-Making: A Guide to Good Practice. Retrieved from https://www.rcseng.ac.uk/library-and-publications/rcs-publications/docs/consent-good-practice-guide/ [accessed 23 October 2018]

                              Scottish Government. (2016). Health and Social Care Delivery Plan. Retrieved from http://www.gov.scot/Resource/0051/00511950.pdf [accessed 23 October 2018]

                              Devaney, S., Purshouse, C., Cave, E., Heywood, R., Miola, J., & Reinach, N. (2018). The Far-Reaching Implications of Montgomery for Risk Disclosure in Practice. Journal of Patient Safety and Risk Management. Forthcoming.

                              Cave, E. (2017). The ill-informed: Consent to medical treatment and the therapeutic exception. Common Law World Review, 46(2), 140-168. doi: 10.1177/1473779517709452