This scenario-based assignment aims to analyze the ethical, legal, and professional issues related to obtaining consent among adults. Consent is a fundamental ethical and legal principle that underpins the health care process. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essayAnn is a 78-year-old woman admitted with a life-threatening perforated gallbladder requiring emergency surgery. She hesitates to consent because she is anxious and in a lot of pain. Consent is the agreement by a competent person, voluntarily and without coercion, to an action that, without consent, would constitute an trespass. Therefore, mentally competent people have an autonomous right over their decisions regarding their health. The legal age for consenting to medical intervention is 16 and does not decrease with age. Healthcare professionals must obtain consent before any procedure or intervention, or risk legal action from the patient or their regulator in the event of trespass, battery or assault. Similarly, a patient who can demonstrate that he or she did not consent can file a complaint for intrusion because it is a violation of his or her right to autonomy (Stauch, 1998). The professional obligation to obtain consent is highlighted by the Nursing and Midwifery Council (NMC, 2018) stating that nurses must obtain consent before carrying out procedures, stating that patients must be informed of the risks associated with the procedure . However, consent is a fluid process and can be withdrawn at any time. There are different types of consent in healthcare settings, including three forms. Verbal consent is used daily as a basis for carrying out routine care (Dimond, 2001). Non-verbal consent concerns the behavior of the patient which indicates that he accepts the proposed treatment. Written consent, i.e., the best form of consent is proof that the patient has agreed to the procedure and is therefore required for surgery (Dimond, 2001). Signing a consent form does not in itself guarantee valid consent but represents a discussion by which the patient has accepted what has been explained to them. Where written consent is requested, it may be appropriate for other team members to participate in the consent-seeking process. All adults must be presumed to have mental capacity and therefore have the right to autonomous control of their person, unless determined otherwise. When healthcare professionals question a patient's capacity, they must follow the guidelines set out in the Mental Capacity Act. This ensures that no superficial assumptions are made based on age, appearance or any condition or aspect of the individual's behavior, whilst protecting and empowering the individual ( Dimond, 2007). Second, MCA (2005) states that a person is incapable of making decisions for themselves if they are incapable of doing so; understand the information relevant to the decision, retain that information, balance that information, and communicate the decision. The NMC Code (2018) states that nurses must have adequate knowledge of the MCA (2005) in their country of practice to advocate for the rights and best interests of their patients. As Ann has abilities, it is the ethical duty of the healthcare professional to respect individual autonomy. This is reiterated by ReC (1994): due to his mental health history,the hospital argued that C's capacity had been impaired, but the patient was found mentally competent by law. Gillon (1985) argues that consent to a medical intervention is by definition informed consent. as it requires action based on adequate information to make a balanced decision. For consent to be valid, and therefore for the surgical intervention to be lawful, three conditions must be met: the patient must be competent, without coercion or undue influence; and the patient must be properly informed of the proposed treatment. The Montgomery judgment (2015) makes it clear that all interventions must be based on a shared decision-making process involving the patient and healthcare professionals, to ensure that the patient is aware of all options and supported to make an informed choice. Ann did not refuse treatment; she requests that more communications take place in order to make a balanced decision in her best interests. Therefore, effective communication between Ann and those responsible for her care in the presence of her daughter must take place. However, a competent adult patient has the right to accept or refuse treatment even if refusal could result in their death, which according to the NMC (2018) must be given due consideration and respect personal. The nurse responsible for Ann's care could facilitate this meeting by ensuring that they can privately discuss the surgical procedure, including the risks and benefits or potential alternatives. Doctors remain the keepers of information but are not always in contact with the patient. The relationship is often technical and can become insensitive to the needs of patients and their families. In deciding what information to provide, the Bolam principle, which was further refined by the Montgomery judgment, should be applied. Nurses are therefore well placed to advocate taking the role of communicator and translator to help the patient understand what has been discussed. The nurse responsible for Ann's care can answer her questions about the procedure and can help Ann overcome her initial shock and fear of major surgery. The NMC Code (2018) states that nurses must protect the interests of each patient. Informed consent for surgery is often obtained by junior doctors during assessment clinics or on the day of surgery. A thorough understanding is necessary to be able to appropriately advise the patient on the potential risk of the proposed surgical procedure, which younger doctors may lack. To ensure that the patient was properly informed, DoH (2001) consent forms were circulated. Its format includes sections for documenting expected benefits and serious or common risks that should be discussed with the patient. All alternative options should be explained, placing them in context highlighting the risks and benefits in relation to the proposed procedure. However, long-term alternatives may be limited in Ann's case due to the potentially life-threatening nature of the perforation if not corrected. Clinicians should be aware of the potential influence of family and health care workers on a patient's decision. Whenever possible, the clinician must establish that any decision made belongs to his or her patient. This would ensure that the nurse advocates for their patient’s autonomy and self-determination (Gerber, 2018). Ann may feel like a burden to her daughter and their family because she is used to her independence and living alone, but she should not.