(2) If they deem a patient as having no mental capacity ( which they can say if they are deeply sedated as an excuse ) eg "The patient is slipping away now and has no capacity" then the medics don't need consent as they will say they are working in the MCA Best Interest of the pt
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Replying to @ang__johnson @Mindyourownyo and
The medics shouldn't normally 'be making the best-interests decisions' - the MCA is more complicated than the medics claim it is.
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Replying to @Mindyourownyo @ang__johnson and
Our judges have made it 100% clear that 'doctor knows best' now only applies to prognoses and treatment: rather like 'pilots can best fly the plane, but the passengers decided where the plane was flying to'. Ditto - NOW [post 'Bolam'] with 'heathcare'.
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Replying to @MikeStone2_EoL @Mindyourownyo and
John Clarke Retweeted John Clarke
Well... post-Bolam ish.https://twitter.com/c7rky/status/938175044177596421 …
John Clarke added,
John Clarke @C7RKYOne of the most important commentary pieces I've ever read on informed consent law. Equally so re judicial deference to doctors: "This approach is in line with Bolam rather than Montgomery & reflects her failure to take on board that the landscape of informed consent has shifted" https://twitter.com/louise_austin12/status/935090031340982272 …Show this thread1 reply 0 retweets 1 like -
Replying to @C7RKY @Mindyourownyo and
Growl - some judges make me angry! Montgomery - and particularly Lady Hale's 'appendix' couldn't really have been much clearer! Montgomery ruling at https://www.supremecourt.uk/decided-cases/docs/UKSC_2013_0136_Judgment.pdf … Lady Hale's 'appendix' is sections 107 onwards.
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Replying to @MikeStone2_EoL @Mindyourownyo and
Exactly. Montgomery was supposed to be a key turning point. We take on the courts almost as much as we take on the medical establishment, when we as patients try to make a point.
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Replying to @C7RKY @Mindyourownyo and
You rarely see clinicians HIGHLIGHTING the logical consequences of Montgomery - there was some heated debate on BMJ at the time - and it clearly 'hasn't yet been the turning point it should have been'. Nursing Times seemed to almost totally ignore Montgomery.
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Replying to @MikeStone2_EoL @Mindyourownyo and
Really? I was paying less attention around that time, outside of the judgement details themselves. But it's not like @nursingtimesed to let a big story go by normally.
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Replying to @C7RKY @Mindyourownyo and
The thing is - I suspect - despite their 'we are autonomous professionals' assertions, I think many nurses are typically 'tasked': so Montgomery is in reality [if incorrectly so] less of an issue for many nurses, than for most doctors?
1 reply 0 retweets 1 like
Interesting phrasing. What do you mean by 'tasked' in this context, Mike?
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Replying to @C7RKY @Mindyourownyo and
Nurses are often 'implementing' treatments, which have already been 'decided'. When my mum was dying, GP 'asked for consent from her': a 999 paramedic 'asked for consent': district nurses started with 'We've been sent by the GP to do ...'.
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