Posts Tagged: consent

The Capacity Conundrum

In the last post we considered 2 essential aspects of valid consent – it must be voluntary and informed and we also looked at how you record consent. The 3rd essential element of valid consent is that the person has capacity to consent, this is the subject fot this post. It is not always a simple decision so you should have a clear understanding of capacity to inform your decision making. What is capacity? Capacity is the ability of a person to understand, retain and evaluate information to make and Continue Reading »

Consent – it’s not just about risk

In the last blog we spent time understanding the history of consent and the complete switch in the focus of consent since 2015. If you missed it, watch the video on facebook or see the previous post. Consent is the most important aspect of practice In my opinion gaining consent is the most important aspect to osteopathic treatment. It doesn’t matter if you are the most amazing osteopath with incredible premises if you practice without gaining valid consent you are both ethically and legally deficient. Good communication is fundamental to Continue Reading »

Who is Nadine Montgomery and why should you care?

If you have never heard of Nadine Montgomery she is fundamental to the current law on consent. She is not a doctor or a lawyer or a politician she is a patient. This is her story: Nadine’s story Nadine Montgomery was a woman with diabetes who gave birth by vaginal delivery. What is significant about this delivery was that her baby Sam was born with serious disabilities after shoulder dystocia during delivery. The doctor, Dina McLellan did not tell Nadine Montgomery about the 9-10% risk of shoulder dystocia. Why not? Continue Reading »

GDPR Myths and Questions #4 – Explicit Consent

Why we don’t think explicit consent is necessary. There are some sources advising osteopaths that they must get patients to sign that they can give you their health data. At Mint we think that obtaining explicit consent for collecting health data is unnecessary (and so does the Incormation Commissioner’s Office) and here is why: Explicit consent is not appropriate for health data because it is not possible for patients to withdraw consent. If a patient does not consent to their data being processed in the clinic the osteopath is unable Continue Reading »

Shared Decision Making

Shared decision making is the basis for consent and communication.  Over many years there has quite rightly been a drive away from paternalism in healthcare.  This has led to emphasis on shared decision making where the patient and practitioner both contribute to formulating the plan of action. Paternalism still persiting Despite many years of trying to influence change paternalism is still present in our healthcare system.  Dr Oliver Thompson demonstrated in his research that it is still present in osteopathy, which many osteopaths will not be surprised to learn:   Continue Reading »

The law on consent changed – what’s new?

The focus of the law on consent changed last year as a result of a landmark legal decision. The change to consent law is consistent with the advice that we have been giving regarding gaining consent with a patient focussed approach, in keeping with the latest research and medical standards.  It is worth understanding the laws relating to consent so that you can be confident that your consent procedures are following the law.  Really this is just the law catching up with what professional standards have been requiring for a Continue Reading »