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  • Essay / Concept of consent - 709

    Recent developments in standards of care and professional relationships with patients have made the law fundamental to the study and practice of nursing. At every stage of patient care, law helps to update nursing practice and it is essential that nurses understand the legal and ethical implications of law in their nursing profession (Griffith & Tengrah, 2011). The aim of this essay is to discuss the concept of consent in relation to the role of the nurse. This will aim to demonstrate the ethical and legal implication of consent on nursing practice and professional work. In the Code (2008, cited in Griffith and Tengrah, 2011), the Nursing and Midwifery Council sets the standards that nursing professionals must follow. Among the rules is the requirement that nurses obtain consent before providing care. Consent is an issue of concern for all healthcare professionals when they come into contact with patients, whether in a healthcare setting or in their homes. Consent must be given voluntarily or freely, informed and the person must have the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS Choice, 2010). The Mental Capacity Act considers every adult to be competent unless proven otherwise, as in the case of Freeman V Home Office, a prisoner who was given an injection by a doctor without his consent due to a behavioral disorder (Dimond, 2011). Consent serves as an agreement between the nurse and patient to administer any test or treatment. Nevertheless, consent must be obtained whenever care is provided, as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtained consent to perform a procedure on the right ear of a patient. The surgeon found a defect in the patient's left ear and repaired it assuming he had obtained consent for both ears. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement specifying how consent must be given, there are different ways that a person being cared for by a nurse can give consent. This may be a formal (written) form of consent or implied consent (oral or gesture). Implied consent may be sufficient to observe or examine a patient, while written consent is more appropriate for an invasive procedure such as surgery (Dimond, 2011). Additionally, in nursing, the professional may need to decide on an ethical course of action. , legally and morally correct or acceptable by their society.